4 Jan 2023
MSS CONSTRUCTION & ENGINEERING NUTRISI IDAMAN SDN. BHD.
- Citation
- NA-A52NCvC-18-03/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- NA-A52NCvC-18-03/2020 (Mahkamah Sesyen)
The court exercised its statutory discretion under the Evidence Act (sections 136/138(4)) and relevant authorities to grant the plaintiff's application because clarification of the Variation Order was central to the plaintiff's claim, there was no demonstrated hidden tactical motive, and any potential prejudice to the defendant could be addressed by permitting further cross-examination and rebuttal; thus the interest of justice required allowing the recall.