Malaysia Case Law: Decisions & Judgments

Topic

Cross-examination on affidavit

Legal area

Court

25 Feb 2026

PEMPETISYEN ANG JIMMY TJUN MIN 1. ) TJIANG GIOK MOY 2. ) ANG EILEEN 3. ) SRI SKUDAI SDN. BHD.

Citation

JA-28NCC-200-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28NCC-200-12/2024 (Mahkamah Tinggi)

Leave to cross‑examine was refused because the Petitioner failed to meet the heightened burden required in winding‑up proceedings: there was sufficient affidavit and contemporaneous documentary evidence to decide the petition, the proposed cross‑examination would likely only repeat affidavit averments and constitute a fishing expedition, and the late timing and absence of supporting documents undermined bona fides; accordingly the court exercised its discretion to dismiss the application and refuse leave.
6 Nov 2025

DATO' SHAHRIL BIN ISMAIL 1. ) PIHAK BERKUASA TATATERTIB 2. ) KETUA SETIAUSAHA NEGARA 3. ) KETUA PENGARAH PERKHIDMATAN AWAM 4. ) PENGARAH BAHAGIAN PENCEN 5. ) Kerajaan Malaysia

Citation

JA-25-32-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-32-10/2023 (Mahkamah Tinggi)

The court exercised its discretion under Order 38 KKM 2012 to refuse the application because the applicant failed to identify any specific, material, irreconcilable conflict in the affidavits that could not be resolved on the record; the alleged contradictions were interpretative or peripheral, the application sought discovery and credibility testing amounting to a fishing expedition, and thus constituted an abuse of process; accordingly cross-examination was not permitted and the application was dismissed with costs in the cause.
17 Aug 2023

1. ) Datuk Beh Kim Ling 2. ) V.S. Industry Berhad NEP Holdings (Malaysia) Berhad

Citation

WA-24NCC-43-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-43-01/2022 (Mahkamah Tinggi)

Application to cross-examine was dismissed because the defendant failed to identify with precision the disputed averments in the affidavits, the matters complained of were resolvable by reference to the contemporaneous Inspection Order and documents, and cross-examination would not advance the cause of justice but would cause delay and constitute a fishing expedition; exercise of discretion to refuse leave was appropriate.

Malaysia Case Law

PEMPETISYEN ANG JIMMY TJUN MIN 1. ) TJIANG GIOK MOY 2. ) ANG EILEEN 3. ) SRI SKUDAI SDN. BHD.

DATO' SHAHRIL BIN ISMAIL 1. ) PIHAK BERKUASA TATATERTIB 2. ) KETUA SETIAUSAHA NEGARA 3. ) KETUA PENGARAH PERKHIDMATAN AWAM 4. ) PENGARAH BAHAGIAN PENCEN 5. ) Kerajaan Malaysia

1. ) Datuk Beh Kim Ling 2. ) V.S. Industry Berhad NEP Holdings (Malaysia) Berhad