1. ) Che Seow Foon @ Chow Seow Foon 2. ) Tan See Wie v Loh Hong Liang

pa-12a-1-01-2025 High Court (Mahkamah Tinggi) 11 June 2025 • PA-12A-1-01/2025 • 12 min read
1 cases cited (0 SG, 1 foreign)

Catchwords

In making my decision, I am guided by the trite principle that an appellate court will only interfere with the decision of a trial court where the learned judge has acted on a wrong principle of law or where the decision reached is plainly wrong. In the case of S QUARRY SAN BHD V DESARY DEVELOPMENT CORPORATION SDN BHD [2019] 1 LNS 93, the Court of Appeal has stated as follows: “[13] Accordingly, it falls upon this Court to determine whether or not the trial court had arrived at its decision or finding correctly on the basis of the relevant law and/or the established evidence. In so doing. this Court was perfectly entitled to examine the process of evaluation of the evidence by the trial court. The requirement for the trial judge to have made a decision which was plainly wrong' before an appellate court may intervene is well settled in our appellate jurisprudence and practice. [14] A plainly wrong decision happens when it can be shown that there is insufficient judicial appreciation of evidence by the trial court. The requisite or correct standard to be applied is that no reasonable judge, on the evidence on record, could have reached the conclusion of the trial judge. The adverb 'plainly' does not refer to the degree of confidence felt by the appellate court that it would have reached the same conclusion as the trial judge. It does not matter, with whatever degree of certainty that the appellate court considered that it would have reached a different conclusion. What matters is whether the decision under appeal is one that no reasonable judge could have reached”.

Judges (1)

Rozana binti Ali Yusoff Delivered

Counsel (5)

Chan, De Vries & Co. Firm Chee Sun & Associates Firm Adrian Lee Yung Khin Counsel Respondent Loh Pay Chea Counsel Appellant Yok Jiang Lin Counsel Respondent

Parties (3)

Dato' Che Seow Foon @ Chow Seow Foon Appellant Loh Hong Liang Respondent Tan See Wie Appellant

Statutes Cited

Rules of Court 2012

Cases Cited (1)

MY (1)
[1983] 1 MLJ 213

Judgment

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Source: eJudgment (pa-12a-1-01-2025)