What specific circumstances allow a Federal Court review of its own decisions?

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Specific Circumstances Permitting Federal Court Review of Its Own Decisions

Under Rule 137 of the Rules of the Federal Court 1995 (RFC), the Federal Court possesses the inherent power to review its own decisions, though this authority is reserved for rare and exceptional circumstances. To successfully pursue a review application, it must be demonstrated that the case meets stringent criteria and that an obvious error occurred, leading to injustice. The Federal Court, in cases such as Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd $$2008$$, has outlined broad categories that may permit such reviews.
Lack of Quorum or Improper Court Constitution

One of the grounds for review is a lack of quorum, meaning the court was not duly constituted to hear the case. This can occur, for instance, if two of the three presiding judges had retired prior to the decision, as seen in the case of Chia Yan Tek & Anor v Ng Swee Kiat & Anor $$2001$$. Similarly, if the court making the decision was not properly constituted, acted illegally, or lacked jurisdiction, a review may be permissible. This lack of jurisdiction is not limited to the standing quorum that delivered the decision, as noted in Allied Capital Sdn Bhd v Mohd Latiff bin Shah Mohd, & another application $$2004$$.
Denial of Right to a Hearing or Decision Obtained Through Fraud

A review can also be sought if the applicant was denied the right to have their appeal heard on its merits by the appellate court, as established in Megat Najmuddin bin Dato Seri (Dr) Megat Khas v Bank Bumiputra (M) Bhd $$2002$$. Furthermore, if the earlier decision was obtained through fraud or the suppression of material evidence, the Federal Court may reconsider its ruling, referencing the precedent set in MGG Pillai v Tan Sri Dato’ Vincent Tan Chee Yioun $$2002$$.
Clear Infringement of Law or Established Bias

A clear infringement of the law is another broad category that can justify a review application, as indicated in Adorna Properties Sdn Bhd v Kobchai Sosothikul $$2005$$. Additionally, if bias has been established against the party seeking review, the court may entertain an application to review its previous decision, drawing from cases like Taylor & Anor v Lawrence & Anor $$2002$$.
Undermined Integrity of Decision or Consequential Errors

The integrity of the earlier decision may be critically undermined, for example, if the process was corrupted and led to a potentially wrong result, which could be grounds for review, as illustrated in Re Uddin (a child) (serious injury: standard of proof) $$2005$$. In another scenario, if the Federal Court allowed an appeal that should have been consequentially dismissed, such as when it accepted concurrent findings of the High Court and Court of Appeal that were flawed, a review might be considered, as discussed in Joceline Tan Poh Choo & Ors v V Muthusamy $$2007$$. The Federal Court's inherent power under Rule 137 should be invoked only in exceptional cases to prevent procedural injustice and ensure finality in litigation.

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What specific circumstances allow a Federal Court review of its own decisions?

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