5 Oct 2022
Chang Yih Chong Modular Construction Technology Sdn. Bhd.
- Citation
- BA-12BNCvC-10-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCvC-10-03/2022 (Mahkamah Tinggi)
The Sessions Court judge failed to scrutinise the evidence, omitted material factual findings (including ignoring independent witnesses and issues of ownership and set-off), producing a miscarriage of justice; an appellate court without the Respondent's consent should not make additional findings on credibility; accordingly the Sessions Court decision is set aside and a retrial before a different Sessions Court Judge is ordered, with liberty for the Defendant to amend defence and/or add counterclaim within three weeks and costs to the Defendant in the retrial.