SUNG TIAK KENG v 1. ) SIANG TIAK HOCK 2. ) SUNG HOCK CHAN SDN BHD 3. ) HOCJAYA SDN BHD 4. ) WISMA GEMILANG SDN BHD 5. ) HOCJAYA PROPERTIES SDN BHD 6. ) HOCJAYA DEVELOPMENT SDN BHD
Catchwords
Practice and Procedure — Part-heard trial — Successor judge — Whether entitled to reopen or revisit prior procedural and evidential rulings of former trial judge — Principle of finality — Coordinate jurisdiction — Trial continuity — Whether doctrines of stare decisis and per incuriam applicable Practice and Procedure — Pleadings — Binding nature of pleadings — Distinction between material facts and evidence — Whether evidence outside pleadings admissible — Whether unpleaded matters may be relied upon — Trial confined to pleaded issues Evidence — Admissibility — Relevance — Weight — Objection to evidence — Evidence admitted subject to objection — Evidence de bene esse — Whether admissibility or weight to be determined at conclusion of trial Evidence — Witness statement — Allegation of solicitor influence — Whether statement to be excluded — Whether issue goes to weight and credibility rather than admissibility Evidence — Video recording — Proof of maker — Limited admissibility — Distinction between purpose for committal proceedings and substantive trial Contempt of Court — Committal proceedings — Whether committal proceedings affect merits of substantive civil trial — Whether proceedings collateral — Case management — Whether to be heard after conclusion of trial Practice and Procedure — Case management — Successor judge not sitting as appellate court over predecessor — Whether prior rulings binding — Exception where lack of jurisdiction — Reserved or deferred rulings — Power to rule where no prior determination made Company Law — Oppression — Relevance of evidence relating to family members and employment — Whether admissible as part of oppression claim
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-22ncvc-5-01-2020)