Rule 137 of the Rules of the Federal Court 1995 recognises the Federal Court of Malaysia’s (“Federal Court”) inherent power to inter alia review previous decisions in order to prevent an injustice or an abuse of process. Over the years, this rule has been resorted to by litigants where they find themselves unable to ground an application on an express rule in the Rules of the Federal Court 1995. Rule 137 has been mostly utilised to set aside decisions handed down by the Federal Court.
This article seeks to examine the recent decision of the Federal Court in Yong Tshu Khin & Anor v Dahan Cipta Sdn Bhd & Anor and other appeals.
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