LIVE CAPITAL SDN BHD v. PIONEER CONGLOMERATE SDN BHD

[2025] 4 MLRA 844
Federal Court, Putrajaya
Abdul Rahman Sebli CJSS, Abu Bakar Jais, Vazeer Alam Mydin Meera FCJJ
[Civil Appeal No: 02(f)-65-11-2023(W)]
Abdul Rahman Sebli CJSS, Abu Bakar Jais, Vazeer Alam Mydin Meera FCJJ

JUDGMENT

Abdul Rahman Sebli CJSS:

[1] The four questions of law that the appellant had been granted leave to appeal under s 96 of the Courts of Judicature Act 1964 ("the CJA") concern an important area of the law of evidence and procedure. They are as follows:

(i) Where the contents/notations written on a document are disputed and/or alleged to have been added after the document was signed/initialled, are the contents/notations deemed proven upon the document being marked as an exhibit at trial?

(ii) Where the contents/notations written on a document are disputed and/or alleged to have been added after the document was signed/initialled, is it incumbent upon the party relying on the document and the disputed contents/notations to call the maker of the document and/or the author of the contents/notations to prove the same?

(iii) When a document is tendered and marked as an exhibit during a trial, is it incumbent upon the court to treat the entire contents of the said document as having been proven?

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