The Federal Court has fixed March 1 next year to hear Anwar Ibrahim's motion for leave to appeal against the dismissal of his RM100 million defamation suit against former prime minister Dr Mahathir Mohamad.

Deputy Registrar Jumirah Marjuki fixed the date in chambers today.

NONE Anwar wants the court to determine three issues, including on whether the Court of Appeal, in view of the present state of law which abhors technicalities, can nevertheless decline to exercise its discretion in favour of ensuring that the procedural technicalities do not defeat substantive rights.

"The decision of the Court of Appeal raises novel and important questions of law decided for the first time, and I state that further argument and a decision by the Federal Court would be an advantage to the public," Anwar said in his sworn affidavit.

On Oct 10 this year Appeal Court judge Abdul Malik Ishak, who sat with Justices Azhar Ma'ah and Syed Ahmad Helmy Syed Ahmad, dismissed Anwar's suit on the grounds that the memorandum of appeal filed by Anwar in the English language was defective, invalid and an abuse of the process of the court.

Justice Abdul Malik in his written judgment said Anwar's failure to file a memorandum of appeal in Bahasa Malaysia had rendered the record of appeal useless and must be rejected.

Anwar filed the suit on Jan 26, 2006, claiming that Mahathir's remarks, calling him a homosexual, were highly defamatory and aimed at humiliating him in his personal and official capacity as former finance minister and former deputy prime minister.

On July 4, 2007, the Kuala Lumpur High Court dismissed the suit with costs after it allowed Mahathir's application to strike out the suit. Anwar then appealed to the Court of Appeal against the decision but it was dismissed on Oct 10 this year.

- Bernama