5 Jun 2025
LIVE CAPITAL SDN. BHD. PIONEER CONGLOMERATE SDN. BHD.
- Citation
- 02(f)-65-11/2023(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-65-11/2023(W) (Mahkamah Persekutuan)
A disputed document marked as exhibit does not automatically render its contents proven; the party relying on the document must first establish a prima facie case by properly proving authenticity (usually by calling the maker or satisfying section 73A conditions) before any evidential burden can shift; absent such proof the contents remain hearsay and the lower court was correct to dismiss the respondent's claim. The Court of Appeal was wrong to treat marked exhibits as determinative without proof of authenticity.