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

The High Court held the Sessions Court's allowance for the defendants to produce the forensic report was a discretionary interlocutory ruling made in the course of trial and not appealable at this stage; on the merits the trial judge did not err in exercising discretion to admit the report as relevant and non‑prejudicial, and the plaintiffs' record of appeal was defective for failing to include pleadings, rendering the stay appeal nugatory; both appeals were dismissed.

Citation
JB-12ANCvC-11-10/2023 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Safirul bin Sabri (a child represented by Sa'diah binti Sa'adon); Appellant/plaintiff: Sa'diah binti Sa'adon; Respondent/defendant: Wan Zeity Mazura bin Wan Sahak (representative of estate of Iskandar bin Ibrahim, deceased); Respondent/defendant: Ibrahim bin Ab Ghani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 June 2024
Case Number
JB-12ANCvC-11-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (interlocutory) / Trial Ongoing; Plaintiff's Case; Interlocutory Applications Before Sessions Court
Outcome
Both appeals dismissed; Sessions Court judge's rulings upheld; plaintiffs granted limited liberty to recall witnesses regarding forensic report
Legal Topics
Production of Expert/forensic Report, Admissibility of Evidence, Extension of Time, Stay of Proceedings, Interlocutory Appealability, Record of Appeal Requirements
Source Language
Malay/English
Civil Procedure Evidence Personal Injury Appeals Case Management Production of Expert/forensic Report Admissibility of Evidence Extension of Time +3 more

Case Brief

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Parties

Safirul bin Sabri (a child represented by Sa'diah binti Sa'adon)

Appellant/plaintiff

Sa'diah binti Sa'adon

Appellant/plaintiff

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

Respondent/defendant

Ibrahim bin Ab Ghani

Respondent/defendant

Procedural Posture

Civil Appeal (interlocutory) / Trial Ongoing; Plaintiff's Case; Interlocutory Applications Before Sessions Court

Legal Issues

  1. 1 Whether the Sessions Court judge erred in allowing the defendants to produce a forensic report after trial commencement
  2. 2 Whether that ruling is appealable at this stage under s3 Courts of Judicature Act 1964
  3. 3 Whether the late production breached Order 34 r10(1)(b)(i) and prejudiced the plaintiffs

Ratio Decidendi

The High Court held the Sessions Court's allowance for the defendants to produce the forensic report was a discretionary interlocutory ruling made in the course of trial and not appealable at this stage; on the merits the trial judge did not err in exercising discretion to admit the report as relevant and non‑prejudicial, and the plaintiffs' record of appeal was defective for failing to include pleadings, rendering the stay appeal nugatory; both appeals were dismissed.

Court Disposition

Both appeals dismissed; Sessions Court judge's rulings upheld; plaintiffs granted limited liberty to recall witnesses regarding forensic report

Orders

  • Appeal No. JB-12ANCVC-11-10/2023 dismissed with costs RM1000.00
  • Appeal No. JB-12ANCVC-12-12/2023 dismissed with costs RM2000.00