29 Feb 2024
CEMPAKA MEWAH SDN BHD (In Creditors' Voluntary Liquidation) (Liquidator appointed on 17.4.2003) c/o KPMG CORPORATE RESTRUCTURING PLT PENGARAH UKUR DAN PEMETAAN NEGERI SEMBILAN DARUL KHUSUS
- Citation
- N-01(NCvC)(A)-460-06/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- N-01(NCvC)(A)-460-06/2022 (Mahkamah Rayuan)
Court preferred a purposive approach and held that the Ladd v Marshall conditions as codified in Rule 7(3A) RCA 1994 apply to applications to admit further evidence at appeal; Krishnasamy did not render Rule 7(3A) wholly invalid but was limited to truly subsequent evidence; Appellant failed to satisfy Rule 7(3A) because CM-3 and CM-4 existed and were obtainable with reasonable diligence and would not have influenced the High Court decision given the change in law; therefore leave to admit the documents was denied and the motion dismissed with costs.