1. ) BUNEER PAK ENTERPRISE 2. ) ASMAH BINTI MOIDEEN 3. ) MOHAMAD ASWAD BIN SULIEMAN v PANORAMIC EXCELLENCE SDN BHD
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Case Significance
1. ) BUNEER PAK ENTERPRISE 2. ) ASMAH BINTI MOIDEEN 3. ) MOHAMAD ASWAD BIN SU... is a High Court (Mahkamah Tinggi) decision dated November 2, 2025 (citation: ja-12bncc-3-05-2024). <p>The appellants applied under Order 55 rule 7 and Order 38 rule 12 of the Rules of Court 2012 to introduce new evidence on appeal, including documents from three prior cases involving the same respondent company and a new witness. The key issue was whether the new evidence met the Ladd v Marshall test requiring due diligence, materiality, and credibility. The High Court dismissed the application, finding the evidence could have been obtained with reasonable diligence during the original trial The case was decided by Manira binti Mohd Nor. Counsel appearing: Chris Lee & Partners (counsel for respondent), Shaik Adam & Co (counsel for appellant).
Key issues: Keputusan — Permohonan mengemukakan keterangan baharu ditolak — Kos dalam kausa — Rayuan utama diteruskan berdasarkan rekod rayuan sedia ada..
Summary
The appellants applied under Order 55 rule 7 and Order 38 rule 12 of the Rules of Court 2012 to introduce new evidence on appeal, including documents from three prior cases involving the same respondent company and a new witness. The key issue was whether the new evidence met the Ladd v Marshall test requiring due diligence, materiality, and credibility. The High Court dismissed the application, finding the evidence could have been obtained with reasonable diligence during the original trial and the appeal was not an opportunity to rebuild a failed case.
What was the outcome of 1. ) BUNEER PAK ENTERPRISE 2. ) ASMAH BINTI MOIDEEN 3. ) MOHAMAD ASWAD BIN SU...?
<p>The appellants applied under Order 55 rule 7 and Order 38 rule 12 of the Rules of Court 2012 to introduce new evidence on appeal, including documen...