Evidence
27 cases · May 2021 to February 2026
Case Volume by Year
1 21
24 25
2 26
2021–2026
Key Issues & Sub-Topics
Burden of proof — Duty to exclude access by others to premises where drugs found — Competing inferences — Adverse inference — Failure to produce material evidence — Fingerprint and DNA reports not tendered despite existence — Whether court entitled to presume evidence unfavourable to prosecution — Evidence Act 1950 s 114(g) 1 Certificate of indebtedness — Conclusive evidence clause — Computer-generated certificate — Whether authorised officer must be called — Whether defendant proved manifest error 1 Affidavit evidence — Quality of defence — Assessment of triable issues — Distinction between credibility and evidential sufficiency — Court entitled to reject inherently improbable explanations 1 Estoppel — Tenant estopped from denying landlord’s title — Possession with landlord’s permission — Whether estoppel displaced by allegation of fraud — Evidence Act 1950, s 116 1 Documentary evidence — Utility mapping plan — Unsigned and uncertified document — Admissibility under Part B of the Rules of Court 2012 — Weight and probative value of unauthenticated document — Failure to call maker of document (land surveyor) — Adverse inference 1 Physical evidence — Photographs and damage pattern — Consistency with plaintiff’s account — Contradiction of defendant’s police report — Weight to be accorded to independent investigating officer’s testimony — Failure of trial court to evaluate material evidence — Appellate intervention. 1 Certificate of indebtedness — Conclusive evidence clause — Manifest error — Burden on debtor — Internal ledger discrepancy — Whether bona fide triable issue disclosed — Without prejudice communications — Admissions of liability — Negotiation of repayment terms — Admissibility 1 Documentary evidence — Project management agreement — Powers of attorney — Audited accounts — Statutory declaration identifying defendant as developer — Evidential weight — Whether administrative certificate conclusive of legal status 1 Medical evidence — Conflicting expert opinions — Orthopaedic surgeons — Plastic surgery expert — Hospital records — Most recent medical report — Weight of independent evidence — Causation — Spinal injury claim — Absence of contemporaneous evidence — MRI findings two years post-accident — Degenerative changes versus traumatic injury — Burden of proof — Balance of probabilities — Court’s preference for objective evidence over sympathy. 1 Adverse inference– Failure to call material witnesses — Director of second defendant and executive director of first defendant — Inference that evidence would not support defendants’ case — Inference strengthening plaintiff’s case on termination and inter-company relationship — Evidence Act, s.114(g). 1 Estoppel — Conduct of parties — Withdrawal of security deposit (GIA-i) by chargor — Subsequent challenge to computation for not crediting deposit — Whether estopped 1 Admissibility — Without prejudice communications — Email and WhatsApp message marked “without prejudice” — Whether privileged — Whether waiver of privilege occurred — Whether mere reference to prior negotiations sufficient to constitute waiver — Whether Sessions Court erred in admitting documents — Malayan Banking Bhd v Foo See Moi [1981] 2 MLJ 172 and Rush & Tompkins Ltd v Greater London Council [1988] 3 All ER 737 applied 1 Identification parade — Compliance with police standing orders — Parade regular but identification inconsistent — No corroboration 1 Firearm handling — Break in evidential chain — Prosecution failed to prove how weapon passed from accused to principal offender 1 Fraud — Materiality — Conscious and deliberate dishonesty — Pleading requirements — Whether suppression of plaintiff’s own payments amounted to fraud — Whether defendant’s partial disclosure in earlier suit negated fraud plea. 1 Affidavit evidence — Interlocutory applications — Inherently improbable allegations — No mini-trial at striking-out stage 1 the Defendant should not be allowed to blow hot and cold in the same breath — on the one hand she denies receiving the money and yet she avers the money was for a loan — it is trite that a party taking such approbating and reprobating position is not permitted. 1 Fire investigation reports — Whether structural defects contributed to fire — Whether landlords had control or knowledge of machinery — Admissibility and relevance of BOMBA and structural reports 1 Affidavit — Spreadsheet annexure — Relevance and probative value — Whether refutes pleaded sums 1 Admissions — Admissions during cross-examination regarding nature of payments 1
+ 8 more
Burden of proof — Duty to exclude access by others to premises where drugs found — Competing inferences — Adverse inference — Failure to produce material evidence — Fingerprint and DNA reports not tendered despite existence — Whether court entitled to presume evidence unfavourable to prosecution — Evidence Act 1950 s 114(g) 1 case
Affidavit evidence — Quality of defence — Assessment of triable issues — Distinction between credibility and evidential sufficiency — Court entitled to reject inherently improbable explanations 1 case
Estoppel — Tenant estopped from denying landlord’s title — Possession with landlord’s permission — Whether estoppel displaced by allegation of fraud — Evidence Act 1950, s 116 1 case
Documentary evidence — Utility mapping plan — Unsigned and uncertified document — Admissibility under Part B of the Rules of Court 2012 — Weight and probative value of unauthenticated document — Failure to call maker of document (land surveyor) — Adverse inference 1 case
Physical evidence — Photographs and damage pattern — Consistency with plaintiff’s account — Contradiction of defendant’s police report — Weight to be accorded to independent investigating officer’s testimony — Failure of trial court to evaluate material evidence — Appellate intervention. 1 case
Certificate of indebtedness — Conclusive evidence clause — Manifest error — Burden on debtor — Internal ledger discrepancy — Whether bona fide triable issue disclosed — Without prejudice communications — Admissions of liability — Negotiation of repayment terms — Admissibility 1 case
Documentary evidence — Project management agreement — Powers of attorney — Audited accounts — Statutory declaration identifying defendant as developer — Evidential weight — Whether administrative certificate conclusive of legal status 1 case
Medical evidence — Conflicting expert opinions — Orthopaedic surgeons — Plastic surgery expert — Hospital records — Most recent medical report — Weight of independent evidence — Causation — Spinal injury claim — Absence of contemporaneous evidence — MRI findings two years post-accident — Degenerative changes versus traumatic injury — Burden of proof — Balance of probabilities — Court’s preference for objective evidence over sympathy. 1 case
Adverse inference– Failure to call material witnesses — Director of second defendant and executive director of first defendant — Inference that evidence would not support defendants’ case — Inference strengthening plaintiff’s case on termination and inter-company relationship — Evidence Act, s.114(g). 1 case
Estoppel — Conduct of parties — Withdrawal of security deposit (GIA-i) by chargor — Subsequent challenge to computation for not crediting deposit — Whether estopped 1 case
Admissibility — Without prejudice communications — Email and WhatsApp message marked “without prejudice” — Whether privileged — Whether waiver of privilege occurred — Whether mere reference to prior negotiations sufficient to constitute waiver — Whether Sessions Court erred in admitting documents — Malayan Banking Bhd v Foo See Moi [1981] 2 MLJ 172 and Rush & Tompkins Ltd v Greater London Council [1988] 3 All ER 737 applied 1 case
Identification parade — Compliance with police standing orders — Parade regular but identification inconsistent — No corroboration 1 case
Firearm handling — Break in evidential chain — Prosecution failed to prove how weapon passed from accused to principal offender 1 case
Fraud — Materiality — Conscious and deliberate dishonesty — Pleading requirements — Whether suppression of plaintiff’s own payments amounted to fraud — Whether defendant’s partial disclosure in earlier suit negated fraud plea. 1 case
Affidavit evidence — Interlocutory applications — Inherently improbable allegations — No mini-trial at striking-out stage 1 case
the Defendant should not be allowed to blow hot and cold in the same breath — on the one hand she denies receiving the money and yet she avers the money was for a loan — it is trite that a party taking such approbating and reprobating position is not permitted. 1 case
Fire investigation reports — Whether structural defects contributed to fire — Whether landlords had control or knowledge of machinery — Admissibility and relevance of BOMBA and structural reports 1 case
Affidavit — Spreadsheet annexure — Relevance and probative value — Whether refutes pleaded sums 1 case
Admissions — Admissions during cross-examination regarding nature of payments 1 case
Financial solvency — Going concern — Ongoing projects, future income and banking facilities — No commercial insolvency shown 1 case
Credibility of parties; Allegations of assault; Lack of police reports; Medical evidence not proven; Perjury; Non-disclosure of income; Contradictions in testimony; Adverse inference under s 114(g) Evidence Act 1950 1 case
a judicial admission made in a pleading stands on a higher footing than evidentiary admission — any evidence which could be produced but not produced would if produced be detrimental to the person who withholds it 1 case
Police evidence — Acceptance of arresting officer’s testimony — Failure to challenge in cross-examination — Effect — Whether evidence inherently improbable — Section 134 Evidence Act 1950. Evidence — Corroboration — Whether required — Uncorroborated police evidence — Search list and police report — Sections 157 and 73A(7) Evidence Act 1950 — Meaning of corroboration — Circumstantial corroboration — Accused alone and proximity to drugs. 1 case
Certificate of Indebtedness — Whether conclusive evidence of debt — Defendants failed to show manifest error or fraud — Whether Plaintiff required to exhaust securities before claiming from guarantors — Certificate deemed binding — Principle of conclusive indebtedness applied 1 case
Admissibility — Witnesses — Failure to call makers of emails to prove their contents — Whether presumption of adverse inference should be invoked for failing to call material witnesses — Evidence Act 1950, s 114(g) 1 case
as a general rule all facts must be proved by evidence, save for any which parties agree to and are known as agreed or admitted facts. 1 case
Key Statutes
Dangerous Drugs Act 1952 (Cap 234)
cited in 1 case Abolition of Mandatory Death Penalty
Act 2023
cited in 1 case Evidence
Act 1950
cited in 1 case Evidence Act 1950 (Cap 56)
cited in 1 case Court Distribution
Key People & Firms
Cases
Page 2 of 2wa-22ncvc-829-12-2020
Eco Riths Leisure Travel & Tours Sdn. Bhd. v Malaysia Airlines Berhad
6 February 2025
MYHC
12bncvc-45-06-2020
1.Salimah binti Osman [No. K/P: 660125-11-5340] 2. Infiniti Communication Sdn Bhd [No. Sykt: 299414-X] v 1. Zafrol Rizal bin Mat [No. K/P: 721123-14-5091] 2. Shahrol Farid bin Mat [No. K/P: 810728-08-5049]
5 May 2021
MYHC