Tim­ber firm ap­plies to set aside judge­ment

The Borneo Post - - HOME -

KUCH­ING: Kerun­tum Sdn Bhd ( Kerun­tum) yes­ter­day filed an ap­pli­ca­tion to the Fed­eral Court to re­view and set aside the Court’s unan­i­mous judg­ment to dis­miss the com­pany’s ap­peal against the de­ci­sions of the Court of Ap­peal and High Court dis­miss­ing its claim for RM135 mil­lion dam­ages aris­ing from the re­vo­ca­tion of its Tim­ber Li­cence No T.0279 on March 10, 1987.

On March 15 this year, the Fed­eral Court ruled that there were no mer­its in Kerun­tum’s ap­peal which was dis­missed with costs of RM50,000 to be paid to the re­spon­dents, Di­rec­tor of Forests and the state govern­ment.

That de­ci­sion ef­fec­tively put an end to Kerun­tum’s pur­suit for sub­stan­tial dam­ages in a case which started in 1987.

The com­pany ap­plied un­der Rule 137 of Rules of Fed­eral Court, 1995 to have the judg­ment re­viewed by the Fed­eral Court to have it set aside and re­heard by an­other panel of judges.

In an af­fi­davit af­firmed by its di­rec­tor Nor­lia Tun Ab­dul Rah­man, Kerun­tum com­plained that the panel of judges in the Fed­eral Court who heard the ap­peal did not in­clude a Judge “with Bornean ju­di­cial ex­pe­ri­ence” as re­quired by para­graph 26(4) of the In­terGovern­men­tal Com­mit­tee (ICG) Re­port.

There­fore, there was a ‘quo­rum fail­ure’ and the pro­ceed­ings and judg­ment de­liv­ered on March 15 this year were null and void. No date has been fixed to the hear­ing of Kerun­tum’s ap­pli­ca­tion.

State le­gal coun­sel Datuk JC Fong, when con­tacted by The Bor­neo Post, con­firmed hav­ing seen the ap­pli­ca­tion. He said the State At­tor­ney- Gen­eral’s Cham­bers will study the doc­u­ments filed by Kerun­tum and pre­pare for the hear­ing.

How­ever, as­sum­ing the IGC rec­om­men­da­tion is rel­e­vant, Fong said Jus­tice Tan Sri Hasan Lah, who de­liv­ered the judg­ment on be­half of the Fed­eral Court, def­i­nitely had Bornean ju­di­cial ex­pe­ri­ence as he served as a ju­di­cial com­mis­sioner at the High Court in Miri for al­most two years from Sept 1, 1998.

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