Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Re-examination/retrial

Legal area

Court

12 Mar 2020

Ang Teck Wang Big Sdn Bhd

Citation

W-04(IM)(NCC)-397-07/2019 (Mahkamah Rayuan)
Court

IM
Case number

W-04(IM)(NCC)-397-07/2019 (Mahkamah Rayuan)

The High Court erred in ordering re-examination and discovery because the conditions for drawing an adverse inference and for ordering a retrial/re-examination were not met; the Sessions Court had properly assessed the evidence and its factual decision to order RM2,500 monthly instalments was supported and should be restored.
12 Mar 2020

Ang Teck Wang Big Sdn Bhd

Citation

W-04(IM)(NCC)-397-07/2019 (Mahkamah Rayuan)
Court

IM
Case number

W-04(IM)(NCC)-397-07/2019 (Mahkamah Rayuan)

The Court restored the Sessions Court order because the Sessions Court had carefully evaluated evidence, its factual findings that supported payment by instalments of RM2,500 monthly were reasonable and supported, there was no basis to draw an adverse inference for non-production of documents, and the High Court erred in ordering re-examination/discovery and making inconsistent orders including a retrial; accordingly the appeal is allowed and the Sessions Court decision is reinstated.