PACIFIC & ORIENT INSURANCE CO BERHAD v 1. ) TAN PEK GAN 2. ) WAKIL PERIBADI (DIDAKWA SEBAGAI WAKIL SIMATI, LEE SIEW CHENG) 3. ) TAN BENG CHU (IBU KEPADA CHUAH SEW HOCK, SIMATI)

pa-12a-9-06-2024 High Court (Mahkamah Tinggi) 3 February 2025 • PA-12A-9-06/2024

Catchwords

All civil appeals from a Subordinate Court shall be by way of re-hearing [See S. 29 Courts of Judicature Act 196 and Order 55 Rule 2 of the Rules of Court 2012] (i) In Chan Lai Yoke V Ess Engineering Sdn Bhd. [2021] 1 LNS 1963, held that “Order 55 Rule 2 of the Rules of Court 2012 provides that all appeals to the High Court shall be by way of re-hearing. The White Book on the Malaysian Civil Procedure 2021 Volume 1, page 812 at paragraph 55/2/1 states as follows: In a re-hearing, a judge is not tasked to consider whether the lower court judge had exercised his discretion correctly or had properly considered the relevant material. He would consider the case as if it came before him for the first time.”

Practice Areas

All civil appeals from a Subordinate Court shall be by way of re-hearing See S. 29 Courts of Judicature Act 196 and Order 55 Rule 2 of the Rules of Court 2012 (i) In Chan Lai Yoke V Ess Engineering Sdn Bhd. 2021 1 LNS 1963, held that “Order 55 Rule 2 of the Rules of Court 2012 provides that all appeals to the High Court shall be by way of re-hearing. The White Book on the Malaysian Civil Procedure 2021 Volume 1, page 812 at paragraph 55/2/1 states as follows: In a re-hearing, a judge is not tasked to consider whether the lower court judge had exercised his discretion correctly or had properly considered the relevant material. He would consider the case as if it came before him for the first time.”

Judges (1)

Azizan bin Md. Arshad Delivered

Parties (4)

PACIFIC & ORIENT INSURANCE CO. BERHAD Appellant Tan Beng Chu (ibu Kepada Chuah Sew Hock, Simati) Respondent Tan Pek Gan Respondent Wakil Peribadi Respondent

Case Significance

PACIFIC & ORIENT INSURANCE CO BERHAD v 1. ) TAN PEK GAN 2. ) WAKIL PERIBADI (... is a High Court (Mahkamah Tinggi) decision dated February 3, 2025 (citation: pa-12a-9-06-2024). The case was decided by Azizan bin Md. Arshad.

What was the outcome of PACIFIC & ORIENT INSURANCE CO BERHAD v 1. ) TAN PEK GAN 2. ) WAKIL PERIBADI (...?

PACIFIC & ORIENT INSURANCE CO BERHAD v 1. ) TAN PEK GAN 2. ) WAKIL PERIBADI (... is a High Court decision dated February 3, 2025. The case was heard by Azizan bin Md. Arshad. See the full judgment for details.