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.