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2025 MarsdenLR 3405

FEDERAL COURT PUTRAJAYA
YAP KIM HIN & ANOR – Appellant
Versus
CHUA BOON HOCK & ORS AND ANOTHER APPEAL – Respondent


Petitioner Advocates:Justin Voon,Caroline Lim ,Respondent Advocate: Lim Kien Huat,Bryan Ching Tze Yeo

Table of Content
1. the appeals concern procedural orders of the court of appeal. (Para 1 , 2)
2. material facts regarding the joinder application and coa order. (Para 3 , 4 , 6)
3. arguments on high court's compliance with coa order. (Para 5 , 9 , 10)
4. court's rationale on the validity of affidavit requirements. (Para 14 , 15 , 17 , 18)
Hasnah Mohammed Hashim FCJ:

[1] These are the appeals by the Appellants against the decision of the Court of Appeal (COA) which dismissed the appeal by the Appellants against the decision of the High Court made on 28 March 2022 and against part of the decision of the COA in dismissing Notice of Motion dated 6 April 2022 [Encl 19]. We heard oral submissions by all learned counsel representing the respective parties and at the end of those submissions, we allowed the appeals. These are our reasons as to why we had so decided.

[2] On 23 August 2023, leave to appeal was granted to the Appellants on the following Questions of Law (QOL):

(i) Whether the Court of Appeal in Civil Appeal: W-02(IM)(NCvC)1556-10/2020 has, on 25 August 2021, which had ordered consequentially that "Perintah Mahkamah Tinggi bertarikh 7 Oktober 2020 dipinda ('varied') di mana pihak Res

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