TAN HENG CHEW v TAN KIM HOR
- Citation
- TAN HENG CHEW v TAN KIM HOR
- Court
- Malaysian court
The appeal was dismissed because the appellants advanced a new and different test in the Federal Court that had not been argued or considered in the High Court or Court of Appeal, making the lower courts' factual findings central to the original grounds irrelevant and requiring this Court to assume unproven facts; the Court will not decide such an academic issue or apply foreign tests without proper canvass and factual findings below.