Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Order 55 rule 7 roc 2012
  • 4 Sept 2025

    Sockalingam a/l Kandiah Sri TKS Management Sdn Bhd

    Citation
    JA-11BNCvC-14-12/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-11BNCvC-14-12/2023 (Mahkamah Tinggi)

    The plaintiff failed to satisfy the cumulative tests under Order 55 Rule 7 and the Ladd v Marshall principles: the company financial reports were publicly obtainable with reasonable diligence and their accounting classifications would not likely determine legal liability; the electricity bills were outside the relevant tenancy period and of limited probative value; no adequate explanation or demonstration of credibility was provided — therefore the application to admit fresh evidence was dismissed and costs awarded.