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Cases

LIVE CAPITAL SDN BHD v. PIONEER CONGLOMERATE SDN BHD
Federal Court, Putrajaya
Abdul Rahman Sebli CJSS, Abu Bakar Jais, Vazeer Alam Mydin Meera FCJJ
[Civil Appeal No: 02(f)-65-11-2023(W)]
5 June 2025
[2025] 4 MLRA 844

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?

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
Award No: 515 of 2016 [Case No: 16/4-157/15]
27 April 2016 [+]
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