Teoh Kiang Hong v Theow Say Kow @ Teoh Kiang Seng, Henry

02f-23-04-2021p Federal Court (Mahkamah Persekutuan) 26 December 2024 • 02(f)-23-04/2021(P)

Catchwords

Duty of appellate court on facts finding by the trial judge - differences of the approach of the high court and the court of appeal on the assessment of evidence - the plainly wrong test - recantation of evidence - law and procedure on recantation - reliability and credibility of expert witness and interested witness.

Practice Areas

Duty of appellate court on facts finding by the trial judge

Judges (3)

Amar Abang Iskandar bin Abang Hashim Delivered Hasnah binti Dato' Mohammed Hashim Coram Rhodzariah binti Bujang Coram

Parties (2)

Teoh Kiang Hong Appellant Theow Say Kow @ Teoh Kiang Seng, Henry Respondent

Case Significance

Teoh Kiang Hong v Theow Say Kow @ Teoh Kiang Seng, Henry is a Federal Court (Mahkamah Persekutuan) decision dated December 26, 2024 (citation: 02f-23-04-2021p). <p>This appeal, heard together with three related appeals, concerned a complex family property dispute in Penang involving allegations of breach of fiduciary duty, forged documents, and fraudulent share transfers. The Federal Court examined the duty of an appellate court when reviewing trial findings on credibility and the law on recantation of evidence. The appeal was determined based on the 'plainly wrong' test for appellate review of factual findings.</p> The panel comprised Amar Abang Iskandar bin Abang Hashim, Hasnah binti Dato' Mohammed Hashim and Rhodzariah binti Bujang, with Amar Abang Iskandar bin Abang Hashim delivering the judgment.

Summary

This appeal, heard together with three related appeals, concerned a complex family property dispute in Penang involving allegations of breach of fiduciary duty, forged documents, and fraudulent share transfers. The Federal Court examined the duty of an appellate court when reviewing trial findings on credibility and the law on recantation of evidence. The appeal was determined based on the 'plainly wrong' test for appellate review of factual findings.

What was the outcome of Teoh Kiang Hong v Theow Say Kow @ Teoh Kiang Seng, Henry?

<p>This appeal, heard together with three related appeals, concerned a complex family property dispute in Penang involving allegations of breach of fi...