Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Admission of new evidence on appeal

Legal area

Court

18 Jun 2025

CHOONG SOON FOO TENAGA NASIONAL BERHAD

Citation

WA-11BNCvC-7-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11BNCvC-7-02/2025 (Mahkamah Tinggi)

Court admitted the JKM chemical report as fresh evidence under Order 55 r.7 because it could not have been obtained with reasonable diligence before trial, was credible and could materially affect the outcome; combined with existing testimony (SP1) the subordinate court erred in finding appellant was the person who opened the account, therefore the appeal is allowed.
27 Sept 2023

KK SATU HARTANAH SDN. BHD. TENAGA NASIONAL BERHAD

Citation

WA-12BNCvC-6-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-6-01/2023 (Mahkamah Tinggi)

Enclosure 9 was dismissed because the appellant failed to satisfy the cumulative Ladd v Marshall tests: the handwriting report was obtained after trial and could have been procured with reasonable diligence, its findings were probabilistic/inconclusive and thus not sufficiently probative or credible to likely determine the outcome, the delay was unexplained, and admission would prejudice the respondent and amount to reopening the trial; additionally Enclosure 9 prayer [ii] seeking to set aside the Sessions Court judgment was misconceived.