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2017 MarsdenLR 1047

COURT OF APPEAL PUTRAJAYA
REDANG PARADISE VACATION SDN BHD – Appellant
Versus
YAP CHUAN BIN & OTHER APPEALS – Respondent


Petitioner Advocates:Veronica Steven,KV Ong ,Respondent Advocate: Saiffuddin Othman

Table of Content
1. judicial decisions require consideration of substantive justice over strict procedural compliance. (Para 1)
2. substantive justice takes precedence over procedural technicalities. (Para 2 , 4)
3. common sense jurisprudence guides the interpretation of notice requirements. (Para 3)

[1] There are three appeals before us relating to a procedural point on Notice of Appeal. We heard all the three appeals together and allowed the appeals.

[2] The appeals essentially involved application of common sense principles in decision-making process and construction of Rules of (ROC 2012) to attain substantive justice.

[3] It is now well-established that common sense jurisprudence has been a tool for the so called 'reasonable man' in his decision-making process. This jurisprudence has been captured in a number of English decisions as well as the decision of our apex Court in a number of cases in relation to decisionmaking process by the courts. In the case of Alami Vegetable Oil Products Sdn Bhd v. Hafeez Iqbal Oil & Ghee Industries, 2016 MarsdenLR 1097 , the Court of Appeal had this to say:

"... Lord Denning had often reminded us that judicial decision must not be confined to law b

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