22 Sept 2022
PHUAH POH YONG berniaga atas gaya nama ELBINA ELEVATOR SERVICES PRO ELEVATOR TECHNOLOGY (M) SDN BHD
- Citation
- JA-12ANCvC-11-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12ANCvC-11-03/2022 (Mahkamah Tinggi)
The appellant failed the first Ladd v Marshall requirement: it did not demonstrate that the documents were unavailable at the Sessions Court or that reasonable diligence could not have obtained them; the appellant also failed to particularize new documents, the charts/lists were not evidential but explanatory submissions, and statutory declarations/translations prepared after judgment lacked plausible explanation; therefore the fresh evidence application was properly dismissed.