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FEDERAL COURT (PUTRAJAYA)
ABANG ISKANDAR ABANG HASHIM, HASNAH MOHAMMED HASHIM, RHODZARIAH BUJANG, JJ
Teoh Kiang Hong – Appellant
Versus
Theow Say Kow @ Teoh Kiang Seng Henry and other – Respondent
| Table of Content |
|---|
| 1. introduction of overlapping appeals. (Para 1 , 2 , 3) |
| 2. dispute between siblings over family company shareholding. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. consent on ssa's validity affects appeals. (Para 12 , 13 , 14) |
| 4. trial court deemed final on factual findings. (Para 15 , 16 , 18 , 19) |
| 5. procedural issues of witness recantation. (Para 20 , 21 , 30 , 38 , 41) |
| 6. significance of 'plainly wrong' test in appeals. (Para 22 , 23 , 42 , 43) |
| 7. legal standards for fraud and burden of proof. (Para 79 , 84 , 86 , 104) |
| 8. onus of proof lies with the party asserting forgery. (Para 100 , 101 , 102) |
| 9. comparison of expert witness reliability. (Para 126 , 127 , 128) |
| 10. appellate court reinstates trial court's decisions. (Para 154 , 156) |
JUDGMENT
Introduction
[1]There are four appeals that were heard together involving a total of 12 questions of law (“QOLs”) as granted at the leave stage. They are 8 QOLs in cases no. 23 & 25 and 4 QOLs in cases no. 24 & 26. There are, however, overlapping in some of the QOLs which will be dealt with together based on the issues as will be enumerated below.
[2]We heard oral submissions by all learned counsel representing the respective parties, and
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