11 May 2022
VIJIAN A/L KRISHNAN XIN HWA TRADING & TRANSPORT SDN BHD
- Citation
- NA-12B-5-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-12B-5-04/2021 (Mahkamah Tinggi)
The sketch plan was correctly excluded because the statutory preconditions under section 32(1) (and the proviso to section 73A) were not shown to be met; and the trial judge rightly dismissed the plaintiff's claim because after evaluating the evidence the judge found no prima facie case — a defendant's election not to call evidence does not automatically require acceptance of the plaintiff's evidence without the judge first determining whether a prima facie case exists. The appeal is dismissed.