1. U TELEVISION SDN BHD 2. TAN SRI DATO’ SERI VINCENT TAN CHEE YIOUN … APPELLANTS v COMINTEL SDN BHD … RESPONDENT

02f-12-03-2016w Federal Court (Mahkamah Persekutuan) 31 July 2017 • 02(f)-12-03-2016(W)

Catchwords

Evidence : Burden of proof - Whether approach adopted by High Court and Court of Appeal was correct regarding the discharge of burden of proof by plaintiff seeking judgment in respect of matters of a technical nature - Whether plaintiff had proven its case on balance of probabilities against defendants Evidence : Expert evidence - Onus upon plaintiff to establish facts which by their nature demand expert evidence under s 45 Evidence Act 1950 - Whether open to court to hold said onus to have been discharged without plaintiff calling any expert evidence - Required standard of an expert witness - Whether fulfilled.

Practice Areas

Evidence

Judges (5)

Hasan bin Lah Coram Jeffrey Tan Kok Wha Coram Md. Raus bin Sharif Delivered Seri Zulkefli bin Ahmad Makinudin Coram Wira Aziah binti Ali Coram

Parties (3)

COMINTEL Sdn Bhd … RESPONDENT Respondent U TELEVISION Sdn Bhd Appellant Tan Sri Dato’ Seri Vincent Tan Chee Yioun … Appellants Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-12-03-2016w)