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FEDERAL COURT PUTRAJAYA
NG WAI PIN – Appellant
Versus
ONG YEW TEIK & OTHER APPEALS – Respondent
| Table of Content |
|---|
| 1. overview of appeals and facts. (Para 1 , 2 , 3 , 4 , 9) |
| 2. questions of law raised in appeals. (Para 5 , 6 , 7) |
| 3. chronology and outcomes of related suits. (Para 10 , 11 , 12 , 15 , 16 , 20) |
| 4. high court's and court of appeal's decisions. (Para 21 , 22 , 24) |
| 5. witness immunity considerations. (Para 26 , 27) |
| 6. public policy rationale for witness immunity. (Para 49 , 50 , 51) |
| 7. distinction between acts in court and fabrication. (Para 62 , 63 , 64) |
| 8. implications of absolute witness immunity. (Para 70 , 80 , 81 , 82) |
| 9. final ruling on the appeals. (Para 187) |
[1] The 4 appeals before us originated from striking out applications by the 5 appellants (1st defendant-5th defendant in the High Court) under O 18 r 19(1) of the Rules of the Court 2012 in the High Court, which allowed the striking out applications. Appeals by the 5 appellants (1st defendant-5th defendant in the High Court) to the Court of Appeal resulted in the Court of Appeal reversing the decision of the High Court and remitting the cases back to the High Court for a full trial.
[2] These 4 appeals relate primarily to the issues of witness immunity when testifying in Court pr
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