Introduction

[1] This is an appeal by Syarikat Kemajuan Timbermine Sdn Bhd (the plaintiff in the High Court) pursuant to leave of this Court given on 22 January 2014 to appeal against the whole decision of the Court of Appeal on the following question of law:

"Where a defending party had elected not to call any evidence during trial, in deciding whether the claimant has met the burden of proof, can the appellate Court reverse and substitute the factual findings of a trial Court with findings based solely on a construction of the documentary evidence in a vacuum, where such construction is inconsistent with:

(a) the unchallenged oral testimony of the claimants witness;

(b) abandonment of defences by the defending party; and/or

(c) adverse inferences to be drawn from the failure of the