BANK UTAMA (MALAYSIA) BERHAD vs SERI MAYHUA SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2000 MarsdenLR 1899

SULAIMAN DAUD
BANK UTAMA (MALAYSIA) BERHAD – Appellant
Versus
SERI MAYHUA SDN BHD – Respondent

Counsel for Plaintiff/Appellant:
Mr. Un Pier Liang
M/s Jimmy H.T. Wee & Co.,
Counsel for Defendant/Respondent:
Mr. Kenny Yi
M/s Yi & Co. Advocates,

Table of Content
1. appeal procedure and authorization requirements for affidavits. (Para 2 , 3)
2. arguments regarding the timing of notice and the authority to affirm affidavits. (Para 4 , 5 , 6)
3. court observations on affidavit requirements and evidential value. (Para 8 , 9 , 10 , 11 , 12)
4. final decision to allow the appeal. (Para 13)

JUDGMENT

[2]

This is an appeal by the plaintiff ("the appellant") under O 56 r I of the Rules of the High Court ("the RHC") against the decision of the learned Deputy Registrar ordering the affidavit in reply of Chan Chew Guan affirmed on 9 November 1999 ("the said affidavit) be inadmissible and struck out with cost to the second defendant.

The appellant have also filed a similar appeal in respect of Civil Suit No 22-80-99 (MR) where the facts and prayers are similar to the present appeal. Both parties have agreed that the decision of this appeal will be binding on the other appeal.

At the hearing of the appeal the learned counsel for the second respondent raised a preliminary objection that this notice of appeal was issued out of time and is in breach of O. 56 r. 1(3) of the RHC. The learned counsel submitted that since the decision to which the

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2000 MarsdenLR 1899

SULAIMAN DAUDBANK UTAMA (MALAYSIA) BERHAD – AppellantVersusSERI MAYHUA SDN BHD – Respondent

Cases Referred (3)

SULAIMAN DAUD
BANK UTAMA (MALAYSIA) BERHAD – Appellant
Versus
SERI MAYHUA SDN BHD – Respondent