JP LOGISTICS SDN BHD (No. Syarikat : 412976-U) HOLSTEN MARKETING (M) SDN BHD (No. Syarikat : 680066-W)

JP LOGISTICS SDN BHD (No. Syarikat : 412976-U) HOLSTEN MARKETING (M) SDN BHD (No. Syarikat : 680066-W)

Invoices and account statements marked ID were rightly excluded because their makers were not called and exceptions to hearsay were not established; testimony of SP1 and SP3 was inadmissible hearsay lacking personal knowledge; communications forming part of settlement negotiations were properly excluded under s.23; the pleadings confined the dispute to the Quotation and no wider contract was proven; the Plaintiff failed to discharge the burden of proof on a balance of probabilities, therefore the appeal was dismissed with costs.

Citation
JA-12BNCvC-31-11/2019 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: JP Logistics Sdn Bhd; Respondent / Defendant: Holsten Marketing (M) Sdn Bhd; Third Party: Harun bin Isa; Third Party: Mohd Faizal bin Ramli; Third Party: Ketua Pengarah Jabatan Perkhidmatan Kuarantin dan Pemeriksaan Malaysia; Third Party: Kerajaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 August 2020
Case Number
JA-12BNCvC-31-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Determination on Appeal From Sessions Court (merits and Admissibility)
Outcome
Appeal dismissed with costs
Legal Topics
Admissibility of Documentary Evidence, Hearsay Rule and Exceptions, Without Prejudice Communications, Pleadings and Issue Framing, Burden and Standard of Proof, Construction of Written Contract
Source Language
Malay/English
Contract Law Evidence Civil Procedure Commercial Law Admissibility of Documentary Evidence Hearsay Rule and Exceptions Without Prejudice Communications Pleadings and Issue Framing +2 more

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Parties

JP Logistics Sdn Bhd

Appellant / Plaintiff

Holsten Marketing (M) Sdn Bhd

Respondent / Defendant

Harun bin Isa

Third Party

Mohd Faizal bin Ramli

Third Party

Ketua Pengarah Jabatan Perkhidmatan Kuarantin dan Pemeriksaan Malaysia

Third Party

Kerajaan Malaysia

Third Party

Procedural Posture

Civil Appeal / High Court Determination on Appeal From Sessions Court (merits and Admissibility)

Legal Issues

  1. 1 Whether invoices marked ID7 and ID8 were admissible evidence
  2. 2 Whether testimony of SP1 and SP3 admitted hearsay and lacked personal knowledge
  3. 3 Whether communications/evidence adduced through SP2 were protected as 'without prejudice' and inadmissible under s.23

Ratio Decidendi

Invoices and account statements marked ID were rightly excluded because their makers were not called and exceptions to hearsay were not established; testimony of SP1 and SP3 was inadmissible hearsay lacking personal knowledge; communications forming part of settlement negotiations were properly excluded under s.23; the pleadings confined the dispute to the Quotation and no wider contract was proven; the Plaintiff failed to discharge the burden of proof on a balance of probabilities, therefore the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs