ANAND JUSTIN A/L ANANTHA GOPAL v MOHD REZZA BIN HUSSIN
Catchwords
Dalam membuat keputusan, saya berpegang kepada prinsip undang-undang mantap yang dihuraikan dengan jelas dalam kes Renal Link (KL) Sdn Bhd v Dato’ Dr. Harnam Singh [1997] 3 CLJ 225, di mana Mahkamah Rayuan menegaskan seperti berikut: "In our judgment this appeal really turns upon a pure question of fact based upon the credibility of the witnesses who gave their evidence at the trial. The function of determining where, on a balance of probabilities, the truth lay is entrusted by law to the trial Court. Unless we, as a Court of Appeal, are convinced that there was no judicial appreciation of the evidence by the trier of fact, or that the audio-visual advantage reserved to a trial Judge had been missed or that the findings made do not accord with the probabilities of the case when taken as a whole, it would not be open to us to intervene and upset the findings made by a trial Judge.”
Judges (1)
Judgment
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