1. ) XXXX 2. ) SA'DIAH BINTI SAADON 1. ) XXXX 2. ) IBRAHIM BIN AB GHANI

1. ) XXXX 2. ) SA'DIAH BINTI SAADON 1. ) XXXX 2. ) IBRAHIM BIN AB GHANI

Both appeals are dismissed. The High Court held the LSJ's allowance to produce the forensic report was an interlocutory ruling made in the course of trial and not appealable; alternatively, the LSJ did not err in exercising discretion to admit the report given stage of trial and absence of real prejudice. Appeal against refusal to stay was nugatory and the Record of Appeal in Appeal No.12 was defective for failing to include pleadings. Plaintiffs were granted liberty to recall witnesses regarding the forensic report. Costs awarded: RM1,000 for Appeal No.11 and RM2,000 for Appeal No.12.

Citation
JB-12ANCvC-12-12/2023 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: Safirul bin Sabri (by his mother Sa'diah binti Sa'adon); Plaintiff/appellant: Sa'diah binti Sa'adon; Defendant/respondent: Wan Zeity Mazura bin Wan Sahak (representing estate of Iskandar bin Ibrahim, deceased); Defendant/respondent: Ibrahim bin Ab Ghani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 June 2024
Case Number
JB-12ANCvC-12-12/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (interlocutory) From Sessions Court Running Down/motor Accident Action / Interlocutory Appeals Heard During Trial; Plaintiff's Case Ongoing (six Witnesses Testified)
Outcome
Both appeals dismissed; decision of the Learned Sessions Judge upheld; Plaintiffs granted liberty to recall witnesses in relation to the forensic report
Legal Topics
Admissibility of Expert Evidence, Extension of Time, Appealability of Interlocutory Rulings, Stay of Proceedings, Case Management, Pre Trial Disclosure Obligations, Order 34 Rule 10 ROC 2012, Order 3 Rule 5 ROC 2012, Order 92 Rule 4 ROC 2012, Order 55 Rule 5 ROC 2012
Source Language
Malay/English
Civil Procedure Evidence Personal Injury Motor Accident Law Admissibility of Expert Evidence Extension of Time Appealability of Interlocutory Rulings Stay of Proceedings +6 more

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Parties

Safirul bin Sabri (by his mother Sa'diah binti Sa'adon)

Plaintiff/appellant

Sa'diah binti Sa'adon

Plaintiff/appellant

Wan Zeity Mazura bin Wan Sahak (representing estate of Iskandar bin Ibrahim, deceased)

Defendant/respondent

Ibrahim bin Ab Ghani

Defendant/respondent

Procedural Posture

Civil Appeal (interlocutory) From Sessions Court Running Down/motor Accident Action / Interlocutory Appeals Heard During Trial; Plaintiff's Case Ongoing (six Witnesses Testified)

Legal Issues

  1. 1 Whether the trial judge's ruling allowing a late-produced forensic report is appealable at interlocutory stage
  2. 2 Whether the trial judge erred in admitting the forensic report produced after trial commenced
  3. 3 Whether Defendants should have complied with Order 34 r.10(1)(b)(i) versus seeking extension under Order 3 r.5

Ratio Decidendi

Both appeals are dismissed. The High Court held the LSJ's allowance to produce the forensic report was an interlocutory ruling made in the course of trial and not appealable; alternatively, the LSJ did not err in exercising discretion to admit the report given stage of trial and absence of real prejudice. Appeal against refusal to stay was nugatory and the Record of Appeal in Appeal No.12 was defective for failing to include pleadings. Plaintiffs were granted liberty to recall witnesses regarding the forensic report. Costs awarded: RM1,000 for Appeal No.11 and RM2,000 for Appeal No.12.

Court Disposition

Both appeals dismissed; decision of the Learned Sessions Judge upheld; Plaintiffs granted liberty to recall witnesses in relation to the forensic report

Orders

  • Appeal No. JB-12ANCVC-11-10/2023 dismissed with costs RM1,000 and liberty for Plaintiffs to recall any of their witnesses regarding Defendant's forensic report
  • Appeal No. JB-12ANCVC-12-12/2023 dismissed with costs RM2,000; Record of Appeal found defective for failing to include pleadings