Highland Towers residents have made a second attempt to persuade the Federal Court, the apex court, on the same subject matter.
It is common knowledge that we have a three tier system. This case originated from High Court and went through Court of Appeal and has reached the court of final appeal namely Federal Court. The Federal Court has passed the judgment on February 17, 2006.
So, how come there is a second attempt?
For the lawyers who worth their salt, there is a provision in the Rule of Federal Court 1995 that preserve the inherent power of the Federal Court that enables a second or even multiple attempts.
The Rule 137 stipulates that:
"For the removal of doubts it is hereby declared that nothing in these Rules shall be deemed to limit or affect the inherent powers of the Court to hear any application or to make any order as may be necessary to prevent injustice or to prevent an abuse of the process of the Court."
The burden is on the litigant to prove there has been substantial injustice or abuse of the process of the Court.
In the case of Megat Najmuddin, the Federal Court allowed a second attempt thus virtually has created a forth-tier system. The case set a precedent and unsuccessful litigants are trying their luck for the second attempt. It is a high hurdle.
Most of the cases did not even pass the leave stage. The case in point is Kobchai v Adorna Properties.
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