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FEDERAL COURT PUTRAJAYA
LIVE CAPITAL SDN BHD – Appellant
Versus
PIONEER CONGLOMERATE SDN BHD – Respondent
| Table of Content |
|---|
| 1. questions of law regarding evidence and burden of proof. (Para 1 , 2 , 3 , 4) |
| 2. summary of the facts surrounding the loan and payment vouchers. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court observations on the evidence and burden of proof. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. importance of proper admission of evidence in legal proceedings. (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 5. procedural requirements for the admissibility of documents. (Para 31 , 32 , 33 , 34 , 35 , 36) |
| 6. clarification of burden of proof and legal standards. (Para 37 , 38 , 39 , 40) |
| 7. final determination of the questions of law posed. (Para 41) |
[1] The four questions of law that the appellant had been granted leave to appeal under s 96 of the Courts of Judicature Act 1964 ("the CJA") concern an important area of the law of evidence and procedure. They are as follows:
(i) Where the contents/notations written on a document are disputed and/or alleged to have been added after the document was signed/initialled, are the contents/notations deemed proven upon the document being marked as an exhibit at trial?
(ii) Where the contents/notations writt
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