YEO GEOK BENG v 1. ) GOLDSAND JV SDN BHD 2. ) DATO' SRI DANNY YIN YEW KUAN
Catchwords
EVIDENCE — Audio recording — Audio transcription — Objection to adducing recording and transcription at trial — Recording and transcription exhibited to affidavit not expunged by earlier court order — Whether interlocutory order expunging affidavit operated to exclude recording and transcription from trial — Whether admissibility, authenticity and weight matters for trial court — Evidence Act 1950, ss 3, 62, 90A EVIDENCE — Documentary evidence — Computer-generated document — Audio recording transferred to computer and copied onto DVD — Requirement of authentication and statutory foundation — Whether admissibility to be determined at trial — Evidence Act 1950, s 90A PRACTICE AND PROCEDURE — Affidavit — Expungement — Order expunging affidavit under O 41 r 6 and O 92 r 4 ROC 2012 — Scope and effect of expungement order — Whether expungement of affidavit extended to separate affidavit and exhibits not named in order PRACTICE AND PROCEDURE — Interlocutory order — Construction of order — Effect of order expunging affidavit in interlocutory proceedings — Whether order determined admissibility of evidence at trial PRACTICE AND PROCEDURE — Pleadings — Parties bound by pleadings — Objection that contents of recording and transcription were unpleaded and irrelevant — Whether issue to be determined by trial court PRACTICE AND PROCEDURE — Trial documents — Disputed documents — Placement in Part B or Part C bundles — Authenticity and contents disputed — Rules of Court 2012, O 34 r 2(2)(e) EVIDENCE — Covert recording — Recording made without consent — Whether lack of consent rendered recording inadmissible — Whether issue of admissibility to be determined at trial
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-22ncvc-3-01-2022)