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Cases

JADE HOMES SDN BHD v. SIVANANTHAN KRISHNAN
Federal Court, Putrajaya
Abang Iskandar Abang Hashim CJSS, Mohd Zawawi Salleh, Zabariah Mohd Yusof FCJJ
[Civil Appeal No: 02(f)-71-09-2019 (B)]
16 June 2021
[2021] 5 MLRA 362

JUDGMENT

Zabariah Mohd Yusof FCJ:

A. Introduction

[1] This is the appeal by the appellant/defendant against the decision of the Court of Appeal (COA). The COA allowed the appeal of the respondent/ plaintiff and set aside the decision of the learned trial judge, who decided in favour of the appellant/defendant.

[2] In this judgment, parties will be referred to as they were in the High Court.

[3] The Federal Court had granted leave to the defendant for the following questions of law:

"1. Whether the court, in interpreting the meaning of particular directions or conditions issued by a local authority in the exercise of its statutory power under s 70 of the Street, Drainage and Building Act 1974, is in fact forming an opinion as to usages of any body of men or meaning of words used by particular classes of people, having regard to s 49 of the Evidence Act 1950 and as such the court is entitled to rely on the opinions of persons having special means of knowledge.

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
16/4-157/15
27 April 2016 [+]
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