Yap Kian @ Yap Sin Tian (suing as Chairman of the Untied Chinese School Committees’ Association Malaysia (Dong Zong) and members of the Community Centre apart from named Defendants) v Poh Chin Chuan & Ors [2016] 7 MLJ 805
[Doctrine of functus officio and consequential orders to give effect to the to the decision of the Court] Justin was the counsel for the defendants in this application by the defendants under Enclosure 45. Enclosure 45 was dismissed by the High Court with no order as to costs on the grounds that the court was functus officio. However, the dismissal of Encl 45 did not preclude the court from giving consequential directions to give effect to the terms. The court may, pursuant to its inherent powers, make consequential orders or directions to give effect to its decision, “when its working out might involve matters on which it might be necessary to obtain a decision of the court”. The doctrine of functus officio does not take away this inherent power of the court.