How is denial of the right to be heard addressed in reviews?

Question

Accepted Answer

Denial of the Right to be Heard in Review Applications

In the context of review applications under Rule 137 of the Rules of the Federal Court 1995 (RFC), a denial of the right to have an appeal heard on its merits by the appellate court constitutes a specific ground for such a review. This principle was established in the Federal Court case of Megat Najmuddin bin Dato Seri (Dr) Megat Khas v Bank Bumiputra (M) Bhd $$2002$$, which has been cited as a category permitting review under Rule 137 RFC.
Grounds for Review Under Rule 137 RFC

The Federal Court possesses inherent power to review its own decisions, but this power is exercised only in rare and exceptional circumstances. To succeed in a review application, it must be demonstrated that the case falls within stringent criteria, and that an obvious error led to injustice. One such stringent criterion, as identified in Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd $$2008$$, is when the applicant is denied the right to have their appeal heard on its merits by the appellate court.
Precedent for Denial of Hearing Rights

The case of Megat Najmuddin bin Dato Seri (Dr) Megat Khas v Bank Bumiputra (M) Bhd $$2002$$ specifically addressed a situation where an applicant was prevented from having their appeal considered on its substantive arguments. This precedent highlights that such a denial of a fair hearing on the merits is a recognised basis for seeking a review of a prior decision. This contrasts with situations where the court's findings of fact or law are simply being questioned, which generally do not qualify for review under Rule 137.
Importance of Procedural Justice

Rule 137 RFC is intended to address situations where procedural injustice has occurred, rather than to re-examine the substantive merits of a case. The emphasis is on exceptional circumstances and ensuring that litigation eventually reaches finality. Therefore, a situation where a party is effectively barred from presenting their case on its merits falls within the scope of procedural injustice that the review mechanism aims to rectify.

Reading history

Hide →

This history is cleared when the page is closed.

How is denial of the right to be heard addressed in reviews?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends