14 Jan 2020
AIA BERHAD DR TAN SIEW HUI
- Citation
- PA-12ANCVC-37-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12ANCVC-37-08/2019 (Mahkamah Tinggi)
The High Court allowed the appellant's appeal because the Sessions Court erred procedurally by bypassing the required two-stage approach under Order 33 r.2 (ordering and directing a preliminary issue hearing) and by deciding liability on the merits without affording the parties an opportunity to present extrinsic evidence; the estoppel defence alleged by respondent required trial evidence and the matter must proceed to trial; accordingly the Sessions Court order and subsequent proceedings including the assessment of damages were set aside.