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De facto doctrine applies to defective judicial appointments and preserves judicial decisions

Yong Tshu Khin v Dahan Cipta Sdn Bhd & Other Appe als,(1) seven motions were filed contesting the validity of the appointment of two judges and challenging their respective decisions. Pursuant to Rule 137 of the Rules of the Federal Court 1995, the seven motions were filed in the apex court, requesting it to invoke its inherent power to review its decisions delivered in seven separate lawsuits. Interestingly, a common question arose from these motions premised on coram failure and further questions that were peculiar to the circumstances of each case. While the apex court dismissed all of the motions, its unanimous decision on coram failure is significant for ongoing and future cases.

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