Ee Chong Pang v 1. ) Ee Joo Guat 2. ) Southern Sierra Sdn Bhd 3. ) Pendaftar Hakmilik Tanah Negeri Melaka 4. ) Pentadbir Tanah Daerah Alor Gajah
Catchwords
Civil Procedure — Affidavit — Further affidavit — Leave to file after close of affidavit exchange — Application in part-heard interlocutory proceedings — Whether Court has power to admit further affidavit — Whether leave should be granted — Order 1A, Order 2 r 1, Order 92 r 4 Rules of Court 2012. Civil Procedure — Evidence — Further evidence — Ladd v Marshall — Whether applicable at first instance — Whether conditions cumulative — Reasonable diligence — Important influence on outcome — Apparent credibility — Corporate records obtained after substitution of executor. Civil Procedure — Interlocutory proceedings — Part-heard application — Order 33 rr 2 and 5 Rules of Court 2012 — Whether Court entitled to regulate evidential record — Whether admission of further affidavit undermines finality — Distinction between procedural closure and absolute exclusion. Civil Procedure — Case management — Procedural fairness — Prejudice — Whether prejudice confined to need to reply and possible delay — Whether such prejudice curable by directions — Whether forensic ambush established. Probate and Administration — Executor — Substitution of party — Death of original litigant — Whether substituted executor stands in same procedural position as deceased litigant for purposes of diligence and evidential control. Company Law — Shares — Share transfer documents — Directors’ resolutions — Forms 32A — Share certificates — Members’ registers — Certified true copies from company secretaries — Whether apparently credible. Contract — Memorandum of Agreement — Declaration of Trust — Alleged performance — Whether documentary proof of share transfers materially relevant — Whether chronology of transfers predating agreement goes to admissibility or weight. Partnership — Partnership property — Land — Whether disputed lands are partnership assets — Whether further affidavit resolves or materially affects issue — Triable issues remaining. Evidence — Burden of proof — Party asserting performance of agreement — Whether burden point decisive at admissibility stage — Distinction between admissibility and ultimate proof.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-22ncvc-43-10-2022)