JUDGMENT

(Enclosure 1)

Azizan Md Arshad JC:

Introduction

[1] This is an appeal against the decision of the Learned Sessions Court Judge which was given on 23 June 2021, whereby the Learned Sessions Court Judge has allowed the Plaintiff to record summary judgment against the Defendant as per prayer 1 in the Notice of Application (Enclosure 5 in the Court below).

[2] On 29th of March 2022, this Court had allowed the appeal with costs and set aside the summary judgment dated 23 June 2021. The Plaintiff had appealed to the Court of Appeal. These are my grounds of judgment.

By Way Of-Rehearing

[3] In the case of Chan Lai Yoke & Anor v. ESS Engineering Sdn Bhd, set as follows:

"Order 55 r 2 of the Rules of 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, p 812 at para 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."

In this judgment, parties are referred as they were at Sessions Court.

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