KL Archbishop's Application for Review of Federal Court decision in the Herald Case on the use of the word 'Allah'

CLS Newsteam
Creation date: 
2015 Jan 22
This is an application by the KL Archbishop to review the majority decision of the Federal Court given on 23 June 2014 refusing to grant leave to appeal against the Court of Appeal decision delivered on 14 October 2013. In the application for review the KL Archbishop relied on the grounds that there were procedural unfairness and breach of natural justice. The Archbishop set out 12 reasons in support of the application. On 21 January 2015, the Federal Court heard the Application for review and unanimously dismissed the application with no order as to cost. In an oral judgment, the Federal Court through Justice Abdul Hamid Embong held that; (1) The laws on review of a Federal Court decision is settled. (2) A review can only be considered in 4 instances, namely if there was biasness, corum failure, fraud or procedural unfairness. (3) This is in consonant with the rational that there must be finality to litigation. (4) The arguments in the KL Archbishop's review is premised on procedural unfairness. (5) The KL Archbishop has not established sufficient grounds to support the claim that there was procedural unfairness in the majority decision of the Federal Court.