29 May 2024
Yap Yoke Chong @ Allan Yap Yap Chee Siang
- Citation
- WA-22NCvC-45-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-45-01/2020 (Mahkamah Tinggi)
On the balance of probabilities the plaintiff proved that the impugned High Court judgment was procured by fraudulent evidential materials (fabricated tombstones and false records) and that the fraud could not reasonably have been discovered earlier; s.44 Evidence Act 1950 permits a fresh collateral action to impeach such a judgment; res judicata does not bar impeachment for fraud; the defendant failed to rebut the plaintiff’s credible fresh evidence, therefore the impugned judgment is set aside and reliefs granted.