Introduction

[1] This appeal brings to the fore an adjectival or procedural issue that has a substantive legal effect on the outcome of issues to be determined at trial. It relates to a fundamental point of practice that is utilised in our courts on a daily basis in civil trials. It is unique to Malaysia and has evolved over time in terms of its application and consequences.

[2] The issue is that of the emplacement of documents to be utilised at trial in various categories. It is one of the most significant matters to be dealt with in the course of case management as such emplacement does in practice determine whether:

(i) the makers of documents are required to be present at trial to be cross-examined on the authenticity and contents of documents; and

(ii) whether the litigating parties agree on the contents of any of the documents sought to be adduced at trial.

The Appeal Before Us

[3] This is an appeal by Tiow Weng Theong ('the defendant') against the decision of the High Court which held that he was liable for defamation against a company known as Melawangi Sdn Bhd ('the plaintiff'). The plaintiff's cause of action in defamation is premised on two documents,