Liew Teck Huat

On the court record

The reported matters document strike-out, execution, probate and contract-and-tort work, grounded in High Court and Court of Appeal judgments.

Liew Teck Huat's reported matters range across civil procedure, the execution of judgments, contentious probate and contract and tort, argued in the High Court and the Court of Appeal. A Commercial Division decision concerns an application to strike out specified portions of the defendants' pleadings, affidavits and written submissions on the ground that they were irrelevant and immaterial; appearing for the plaintiff, the matter tested how far a court will excise parts of a party's case short of striking out the whole.

Enforcement of judgments features in a Court of Appeal appeal on leave to execute a judgment under Order 46 rule 2 of the Rules of Court, where the question was whether the judgment had been superseded by a later settlement agreement. Appearing for the appellant, the Court held that the judge had directed himself correctly and given cogent reasons, found no basis to interfere and dismissed the appeal with costs of RM10,000.

The profile also reaches probate and personal-injury contract law. In a Court of Appeal matter on the validity of a will, where the issues were the testator's knowledge and approval of its terms and whether suspicious circumstances surrounded its making, he appeared for the respondent; the Court allowed the appeal, set aside the High Court order and ordered costs of RM130,000 here and below. In a High Court suit arising from injuries connected to a hotel stay, the pleaded case combined breach of contract with negligence, engaging the duty of care owed to a contractual entrant and questions of contributory negligence and the foreseeability of injury or death. A feature of the profile is its procedural breadth, from testing the sufficiency of pleadings, to enforcing a judgment years after it was obtained, to resisting probate of an impugned will, so that the reported matters turn as often on the machinery of litigation as on the substantive right in dispute. Across these decisions the reported work covers pleadings and strike-out practice, execution of judgments, probate and contract-and-tort litigation, argued at first instance in the High Court and on appeal before the Court of Appeal.