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2025 MarsdenLR 4777

HIGH COURT MALAYA SHAH ALAM
LEE CHUNG BOON – Appellant
Versus
TEOH AI CHIN (ENCLS 15 17 & 19) – Respondent


Petitioner Advocates:Yek Jo-Ee ,Respondent Advocate: Ben Lee Kam Foo,Atiqah Maisarah Azrul Hisham

JUDGMENT

Elaine Yap Chin Gaik JC:

Introduction

[1] The Appellant appealed against the Judgment of the Sessions Court after trial on 20 September 2024. Referring to the parties as they were in the Court below, the Sessions Court had dismissed the Plaintiff's claim and allowed the Defendant's counterclaim.

[2] The appeal was met with an application by the Defendant to strike out the 12-volume Record of Appeal filed on 1 November 2024 ("AR") because it was filed unilaterally by the Plaintiff and various documents were excluded ("Enclosure 15"). In response, the Plaintiff applied for an extension of time to serve the draft index to the AR and validate the AR ("Enclosure 19").

[3] On 25 March 2025, this Court allowed Encl 15 and the consequential striking out of the Notice of Appeal dated 3 October 2024 and dismissed Encl 19. The Appellant is appealing against this decision.

The Reasoning

[4] Enclosure 15 was premised on the Plaintiff's non-compliance with O 55 r 4 of the Rules of 2012 ("RC") in preparing the AR, in that:

(a) The AR omitted the signed versions of the witness statements which had been amended before being tendered and marked (attaching only the unsigned versions), certi


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