Tan Heng Chew and Others v Tan Kim Hor and Others [2006] MLJU 298 or Tan Heng Chew & Ors v Tan Kim Hor & Ors – [2006] 5 MLJ 313

COUNSEL & SOLICITOR:
Lim Kian Leong, Wong Yoke Peng, Tan Shin Shin, Rohana bte Ngah (Lim Kian Leong & Co)

Federal Court

Civil Procedure – Appeal – Issue not raised in High Court – New case and new test introduced at Federal Court which was not argued in court below – Whether appellants were only citing new authority which they had failed to cite in the earlier proceedings – Whether Federal Court should determine the right test to be applied

Civil Procedure – Appeal – New point raised on appeal – New case and new test introduced at Federal Court which was not argued in court below – Whether appellants were only citing new authority which they had failed to cite in the earlier proceedings – Whether Federal Court should determine the right test to be applied