1. ) Graceful Frontier Sdn Bhd 2. ) Everest Landmark Sdn Bhd 3. ) Teoh Kiang Hong 4. ) Ong Bee Lee v Theow Say Kow @ Teoh Kiang Seng, Henry

02f-25-04-2021p Federal Court (Mahkamah Persekutuan) 26 December 2024 • 02(f)-25-04/2021(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 (5)

Everest Landmark Sdn Bhd Appellant Graceful Frontier Sdn Bhd Appellant Ong Bee Lee Appellant Teoh Kiang Hong Appellant Theow Say Kow @ Teoh Kiang Seng, Henry Respondent

Case Significance

1. ) Graceful Frontier Sdn Bhd 2. ) Everest Landmark Sdn Bhd 3. ) Teoh Kiang ... is a Federal Court (Mahkamah Persekutuan) decision dated December 26, 2024 (citation: 02f-25-04-2021p). <p>This appeal was heard together with the related Teoh family property appeals involving Graceful Frontier, Everest Landmark, and other companies in which Theow Say Kow alleged misappropriation. The Federal Court addressed the 'plainly wrong' test governing appellate interference with trial court fact-finding and the reliability of recanted and expert evidence. The appeal was decided consistently with 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 the related Teoh family property appeals involving Graceful Frontier, Everest Landmark, and other companies in which Theow Say Kow alleged misappropriation. The Federal Court addressed the 'plainly wrong' test governing appellate interference with trial court fact-finding and the reliability of recanted and expert evidence. The appeal was decided consistently with the lead appeal.

What was the outcome of 1. ) Graceful Frontier Sdn Bhd 2. ) Everest Landmark Sdn Bhd 3. ) Teoh Kiang ...?

<p>This appeal was heard together with the related Teoh family property appeals involving Graceful Frontier, Everest Landmark, and other companies in ...