9 Jan 2024
TROY INFORMATION TECHNOLOGY MALAYSIA SDN BHD NISSEN TECHNOLOGY SDN BHD
- Citation
- WA-22NCvC-649-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-649-10/2020 (Mahkamah Tinggi)
Scanned copies in Part C are secondary documents, not documents produced by a computer; Plaintiff failed to satisfy statutory conditions for admitting secondary evidence (no s90A certificate and no applicable s65 exception or s32 proof); the Rules of Court cannot override the Evidence Act; therefore the 10 documents in Part C are inadmissible and, as the agreement (key document) is excluded, the Plaintiff's claim is dismissed.
- Admissibility of documents
- Computer‑generated evidence (s90a)
- Secondary evidence and originals (ss61‑65)
- Business records (s32)
- Dispensation of witness attendance (s73a)
- Rules of court order 34 rule 2(2)(e)