SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2003 MarsdenLR 1678 ; 2003 MarsdenLR 1

AHMAD FAIRUZ, ABDUL MALEK AHMAD, MOHTAR ABDULLAH
SRI KELANGKOTA-RAKAN ENGINEERING JV SDN BHD – Appellant
Versus
ARAB-MALAYSIAN PRIMA REALTY SDN BHD – Respondent


Advocates:
For the appellants - KS Narayanan (Logan Sabapathy, A Vishnu Kumar & Tharminder Singh); M/s Logan Sabapathy & Co
For the 1st respondent - Ahmad Moosdeen (P Paramjothy); M/s Chan, Moosdeen & Partners
For the 2nd-8th respondents - K Anantham (Wong Chee Lin); M/s Skrine & Co

JUDGMENT

Abdul Malek Ahmad FCJ:

We heard this appeal on 21 and 22 January 2002 but reserved judgment to a date to be fixed. The onerous task of preparing the grounds of judgment, based on thirty-four volumes of the appeal records and numerous bundles of documents, authorities and affidavits, was initially assigned to my learned brother Mohtar Abdullah FCJ who was subsequently admitted to hospital on 5 August 2002 and since he is still being hospitalised, the matter had been reassigned to me on 25 April 2003. Hence this unavoidable delay.

Leave to appeal had been granted by this court (Wan Adnan Ismail PCA, Ahmad Fairuz Sheikh Abdul Halim CJM and Haidar Mohd. Noor FCJ) on 10 October 2001 on sixteen questions as set out below:

1a. In the event an interpretation is advanced and/or reliance is placed on documents that have been challenged on grounds of or analogous to that of "false label" and/or "sham documents", is there any place for the application of principles on evidential restrictions that would otherwise apply to common case of disputed interpretation on expressly recognised contractual documents.

1b. In relation to such "false label" and/or "sham documents", are the terms con

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top