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2015 MarsdenLR 2036

HIGH COURT SABAH & SARAWAK SIBU
HOCK PENG REALTY SENDIRIAN BERHAD – Appellant
Versus
TING SIEH CHUNG @ TING SIE CHUNG (ENCL 176) – Respondent


Table of Content
1. overview of the parties' positions regarding fresh evidence. (Para 1 , 2 , 3 , 4 , 5)
2. legal standards governing the admission of fresh evidence. (Para 6 , 8 , 10 , 11 , 12 , 13)
3. court's determination rejecting the fresh evidence motion. (Para 14 , 15 , 16)
Lee Heng Cheong J:

(In respect of Enclosure 176)

Introduction

[1] The Plaintiff is the Respondent herein and the Defendant is the Appellant. For ease of reference, this Court shall in Grounds of Decision address the parties as in this action. The Defendant in their Notice of Application (Enclosure 176) dated 3 February 2015 applied for fresh evidence to be adduced in the appeal to Judge in Chambers under O 56 r 1(3A) ROC 2012. The proposed "fresh evidence" was listed in para 6 (i), (ii), (iii) and (iv) of the said Notice of Application.

[2] By the said Notice of Application dated 3 February 2015, the Defendant applied to this Court for an Order that he be allowed to adduce the following fresh evidences:-

(i) The letter from Messrs Ting & Ting Advocates to Ketua Imigresen Bahagian Sibu, Sarawak dated 14 November 2014 and its enclosures;

(ii) The letter from Messrs Ting & Ting Advocates to The Director of Immigratio

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