1. ) Hun Tee Siang (Menyaman Atas Kapasitinya Sebagai Pemegang Jawatan Di Persatuan Penduduk Country Heights Damansara, Kuala Lumpur) 2. ) ALINA YEE PIN TEH 3. ) HOFFEN YIH BEN TEH 4. ) LOO SIN SOO 5. ) CHEW KWI HOON 6. ) LAI CHOON YEN 7. )

1. ) Hun Tee Siang (Menyaman Atas Kapasitinya Sebagai Pemegang Jawatan Di Persatuan Penduduk Country Heights Damansara, Kuala Lumpur) 2. ) ALINA YEE PIN TEH 3. ) HOFFEN YIH BEN TEH 4. ) LOO SIN SOO 5. ) CHEW KWI HOON 6. ) LAI CHOON YEN 7. )

Application dismissed: Court exercised discretion to refuse leave because the proposed affidavits comprised documents created long after the original proceedings and were not contemporaneous with the matters before the court, they would not have an important influence on the already-heard interlocutory applications, their admission would unfairly prejudice Defendants and reopen long-closed proceedings; Plaintiffs' reliance on extension of time was misplaced and Ladd v Marshall conditions were applied disjunctively as guidance at first instance.

Citation
WA-22NCvC-371-07/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Hun Tee Siang; Plaintiff: 31 Others; Defendant: Mega Palm Sdn. Bhd.; Defendant: Country Heights Properties Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 February 2024
Case Number
WA-22NCvC-371-07/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (converted to Writ) Involving Interlocutory Applications / Decision on Plaintiffs' Application for Leave to File Further Additional Affidavits (enclosure 188)
Outcome
Plaintiffs' application (Enclosure 188) dismissed with no order as to costs
Legal Topics
Leave to Adduce Further Affidavit, Extension of Time, Mareva/interlocutory Mandatory Injunction, Ladd V Marshall Principles, Closure of Affidavit Evidence
Source Language
Malay/English
Civil Procedure Evidence Injunctions Appellate Practice Leave to Adduce Further Affidavit Extension of Time Mareva/interlocutory Mandatory Injunction Ladd V Marshall Principles +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Hun Tee Siang

Plaintiff

31 Others

Plaintiff

Mega Palm Sdn. Bhd.

Defendant

Country Heights Properties Sdn. Bhd.

Defendant

Procedural Posture

Originating Summons (converted to Writ) Involving Interlocutory Applications / Decision on Plaintiffs' Application for Leave to File Further Additional Affidavits (enclosure 188)

Legal Issues

  1. 1 Whether leave should be granted to file further additional affidavits after exchange of affidavits and written submissions
  2. 2 Whether the Ladd v Marshall conditions apply at first instance and how they should be applied
  3. 3 Whether the additional evidence was contemporaneous and materially likely to affect the outcome

Ratio Decidendi

Application dismissed: Court exercised discretion to refuse leave because the proposed affidavits comprised documents created long after the original proceedings and were not contemporaneous with the matters before the court, they would not have an important influence on the already-heard interlocutory applications, their admission would unfairly prejudice Defendants and reopen long-closed proceedings; Plaintiffs' reliance on extension of time was misplaced and Ladd v Marshall conditions were applied disjunctively as guidance at first instance.

Court Disposition

Plaintiffs' application (Enclosure 188) dismissed with no order as to costs

Orders

  • Enclosure 188 dismissed with no order as to costs