8 Mar 2024
1. ) JONATHAN RICHARD VEITCH 2. ) NATHAN & OLIVER HOLDINGS SDN BHD 1. ) WONG MEI CHING 2. ) MESSRS. WONG-CHOOI & MOHD NOR
- Citation
- PA-12B-12-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12B-12-05/2023 (Mahkamah Tinggi)
The court allowed admission of the JR cause papers as fresh evidence because the JR judgment was delivered after the Sessions Court trial and therefore was not available with reasonable diligence at trial; the evidence was relevant to an issue in the appeal (contradicting the Sessions Court's interpretation of the GST Exempt Order), met the Ladd v Marshall tests (could not have been obtained earlier, likely to have important influence, and credible), and admission would not prejudice the Respondent; accordingly Enclosure 19 was allowed with no order as to costs.