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2012 MarsdenLR 704

COURT OF APPEAL PUTRAJAYA
LEMBAGA PELABUHAN KELANG – Appellant
Versus
MEGA-WAN CORPORATE SERVICES SDN BHD – Respondent


Petitioner Advocates:Deborah J Kaur,Cindy Khaw ,Respondent Advocate: Daya Nair

Table of Content
1. entitlement to further particulars in legal pleadings. (Para 1 , 2)
2. history of the pleadings and requests for particulars. (Para 3 , 4 , 5 , 6)
3. clarifications on evidence versus particulars in civil procedure. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. judicial guidelines on further particulars and evidence. (Para 16 , 18 , 20)
5. ensuring fair decision-making in trials. (Para 22 , 24 , 25 , 26 , 27 , 28)
6. conclusion of the appeal on the orders of particulars. (Para 29 , 30 , 31)
Abdul Wahab Patail JCA:

Introduction

[1] The appellant/defendant Lembaga Pelabuhan Kelang ("the defendant") appealed against the decision of the High Court which allowed the application of the respondent/plaintiff Mega-Wan Corporate Services Sdn Bhd ("the plaintiff ") for further and better particulars in respect of some of the paragraphs in the Statement of Defence.

[2] Before us, it was submitted that the plaintiff is not entitled to the further and better particulars of the defendant's Statement of Defence as the matters requested for are not particulars but evidence which is to be adduced only at the trial. It was submitted that the plaintiff is attempting to shift the burden o

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