Khor Gaik Thiam v Theow Say Kow @ Teoh Kiang Seng, Henry

02f-24-04-2021p Federal Court (Mahkamah Persekutuan) 26 December 2024 • 02(f)-24-04/2021(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)

Khor Gaik Thiam Appellant Theow Say Kow @ Teoh Kiang Seng, Henry Respondent

Case Significance

Khor Gaik Thiam v Theow Say Kow @ Teoh Kiang Seng, Henry is a Federal Court (Mahkamah Persekutuan) decision dated December 26, 2024 (citation: 02f-24-04-2021p). <p>This appeal was heard together with Civil Appeal Nos. 02(f)-23-04/2021(P), 02(f)-25-04/2021(P), and 02(f)-26-04/2021(P), all arising from a family property dispute in Penang between the Teoh/Theow brothers. The key legal issues involved the appellate court's approach to reviewing trial judge findings on credibility and the treatment of recanted evidence. The case was decided on the same grounds as the lead appeal.</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 was heard together with Civil Appeal Nos. 02(f)-23-04/2021(P), 02(f)-25-04/2021(P), and 02(f)-26-04/2021(P), all arising from a family property dispute in Penang between the Teoh/Theow brothers. The key legal issues involved the appellate court's approach to reviewing trial judge findings on credibility and the treatment of recanted evidence. The case was decided on the same grounds as the lead appeal.

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

<p>This appeal was heard together with Civil Appeal Nos. 02(f)-23-04/2021(P), 02(f)-25-04/2021(P), and 02(f)-26-04/2021(P), all arising from a family ...