Azizan Md Arshad JC:

Grounds of Judgment

(Enclosure 1)

Introduction

[1]This is an appeal against the decision of the Learned Sessions Court Judge which was given on 23th. June 2021, whereby the Learned Sessions Court Judge has allowed the Plaintiff to record summary judgment against the Defendant as per prayer 1 in the Notice of Application (Enclosure 5 in the Court below).

[2]On 29^th of March 2022, this court had allowed the appeal with costs and set aside the summary judgment dated 23th. June 2021. The Plaintiff had appealed to the Court of Appeal. These are my grounds of judgment.

By way of-rehearing

[3]In the case of CHAN LAI YOKE & ANOR V. ESS ENGINEERING SDN BHD [2021] 1 LNS 1963; [2021] AMEJ 1842; [2021] AMEJ 1842; [2021] MLRHU 1898, set as follows:

“Order 55 Rule 2 of the Rules of Court 2012 provides that all appeals to the High Court shall be by way of re-hearing. The White Book on the Malaysian Civil Procedure 2021 Volume 1, page 812 at paragraph 55/2/1 states as follows:

In a re-hearing, a judge is not tasked to consider whether the lower court judge had exercised his discretion correctly or had properly considered the relevant material. He would consider the case as if it came