1. ) RASHYTTEREN A/L KATHIRASEN 2. ) VETRIIVHELL A/L SARAVANAN 1. ) LONPAC INSURANCE BHD 2. ) VARATA RAJOO A/L NALASAMY 3. ) DAYVANAI A/P MUNIANDY

1. ) RASHYTTEREN A/L KATHIRASEN 2. ) VETRIIVHELL A/L SARAVANAN 1. ) LONPAC INSURANCE BHD 2. ) VARATA RAJOO A/L NALASAMY 3. ) DAYVANAI A/P MUNIANDY

The court held that Defendant Third failed to satisfy the cumulative requirements of Order 55 Rule 7(a)/Lau Foo Sun (in particular the primary requirement that the evidence could not have been obtained with reasonable diligence for use at trial), and therefore the application to admit fresh evidence on appeal is...

Source-derived case information.

Citation
PA-12B-22-05/2024 (Mahkamah Tinggi)
Parties
Appellant: RASHYTTEREN A/L KATHIRASEN; Appellant: VETRIIVHELL A/L SARAVANAN; Respondent: VARATA RAJOO A/L NALASAMY; Respondent: DAYVANAI A/P MUNIANDY; Respondent: LONPAC INSURANCE BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 February 2025
Case Number
PA-12B-22-05/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Application to Admit Fresh Evidence
Outcome
Application by Defendant Third to admit fresh evidence at appeal dismissed
Legal Topics
Admission of Fresh Evidence on Appeal, Order 55 Rule 7(a) Rules of Court 2012, No Case to Answer, Approbate and Reprobate, Costs
Civil Procedure Evidence Insurance Law Admission of Fresh Evidence on Appeal Order 55 Rule 7(a) Rules of Court 2012 No Case to Answer Approbate and Reprobate Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

RASHYTTEREN A/L KATHIRASEN

Appellant

VETRIIVHELL A/L SARAVANAN

Appellant

VARATA RAJOO A/L NALASAMY

Respondent

DAYVANAI A/P MUNIANDY

Respondent

LONPAC INSURANCE BHD

Respondent

Procedural Posture

Civil Appeal / Appeal Application to Admit Fresh Evidence

  1. 1 Whether fresh evidence should be admitted at the appeal stage under Order 55 Rule 7(a) ROC 2012
  2. 2 Whether the evidence could not have been obtained with reasonable diligence for use at trial
  3. 3 Whether the fresh evidence is likely to have determining influence on the trial outcome

Ratio Decidendi

The court held that Defendant Third failed to satisfy the cumulative requirements of Order 55 Rule 7(a)/Lau Foo Sun (in particular the primary requirement that the evidence could not have been obtained with reasonable diligence for use at trial), and therefore the application to admit fresh evidence on appeal is dismissed and costs awarded to the plaintiffs.

Court Disposition

Application by Defendant Third to admit fresh evidence at appeal dismissed

Orders

  • Permohonan Defendan Ketiga untuk mengemukakan keterangan baru ditolak
  • Defendan Ketiga ordered to pay costs of RM3,000 to the Plaintiffs