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. )

The application for leave to file further affidavits was dismissed because the proposed exhibits post‑dated the proceedings and were not contemporaneous with the events underlying the original application, they would not probably have an important influence on the outcome, and admitting them would be unjust to the defendants by reopening closed affidavit evidence and prolonging proceedings; the Ladd v Marshall criteria were applied disjunctively as guidance but did not support admission of the late evidence here.

Citation
WA-22NCvC-371-07/2022 (Mahkamah Tinggi)
Parties
Plaintiffs: Hun Tee Siang & 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
Civil (originating Summons Converted to Writ Action) / Interlocutory — Application for Leave to File Further Affidavits After Close of Affidavit Evidence and Written Submissions
Outcome
Plaintiffs' application (Enclosure 188) dismissed with no order as to costs.
Legal Topics
Leave to Adduce Fresh Evidence After Close of Affidavits, Mareva Style Interlocutory Injunction, Application of Ladd V Marshall Principles, Order 32 R.13(2) Rules of Court 2012, Extension of Time Vs Leave to File Evidence
Source Language
Malay/English
Civil Procedure Evidence Injunctions Company/commercial Law Leave to Adduce Fresh Evidence After Close of Affidavits Mareva Style Interlocutory Injunction Application of Ladd V Marshall Principles Order 32 R.13(2) Rules of Court 2012 +1 more

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Parties

Hun Tee Siang & 31 others

Plaintiffs

Mega Palm Sdn. Bhd.

Defendant

Country Heights Properties Sdn. Bhd.

Defendant

Procedural Posture

Civil (originating Summons Converted to Writ Action) / Interlocutory — Application for Leave to File Further Affidavits After Close of Affidavit Evidence and Written Submissions

Legal Issues

  1. 1 Whether Plaintiffs should be granted leave to file further affidavits after exchange of affidavits and written submissions
  2. 2 Whether the additional evidence was contemporaneous and could, if admitted, materially influence the outcome
  3. 3 Whether the plaintiffs were attempting to amend relief by adducing late evidence

Ratio Decidendi

The application for leave to file further affidavits was dismissed because the proposed exhibits post‑dated the proceedings and were not contemporaneous with the events underlying the original application, they would not probably have an important influence on the outcome, and admitting them would be unjust to the defendants by reopening closed affidavit evidence and prolonging proceedings; the Ladd v Marshall criteria were applied disjunctively as guidance but did not support admission of the late evidence here.

Court Disposition

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

Orders

  • Enclosure 188 dismissed with no order as to costs.