2 Dec 2024
1. ) MOHD SALWI BIN MOHAMED 2. ) KETUA PENGARAH PERTAHANAN AWAM MALAYSIA 3. ) Kerajaan Malaysia 1. ) AG KU SYAIFUL NIZAM BIN AG KU MAIDIN 2. ) XXXX
- Citation
- DA-12B-1-01/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12B-1-01/2024 (Mahkamah Tinggi)
Appeal allowed in part: because the neurosurgery expert attended in person on subpoena and was ready to give evidence, the Sessions Court judge should have permitted the expert to give evidence (or allowed oral evidence) despite late filing of the witness statement; the appropriate remedy is remittal to the same Sessions Court judge to hear the neurosurgery expert's evidence and for the judge to reconsider injuries and quantum in light of that evidence, with liberty for parties to make further submissions and to file fresh appeals if dissatisfied.