热门标签

Apex court can act on written submissions without oral ones

时间:1个月前   阅读:5

三公大吃小棋牌游戏www.eth108.vip)(三公开船)是用以太坊区块高度哈希值开奖的棋牌游戏,有别于传统三公大吃小棋牌游戏(三公开船)棋牌游戏,三公大吃小棋牌游戏(三公开船)游戏绝对公平,结果绝对无法预测。三公大吃小棋牌游戏(三公开船)由玩家PK,平台不参与。

THE authorities are clear, and the lawyers are right. The Federal Court can make a ruling even if there are no submissions from former prime minister Najib Razak’s counsel.

Then Court of Appeal judge Abang Iskandar Abang Hashim in a 2018 case of Mohamad Salleh Ismail & Anor v Nurul Izzah Anwar & Anor said: “Submissions, whether they be oral or written, play an important role in assisting the court in appreciating the evidence and the legal principles in play in a case. But submissions, be they written or oral, are built upon the available evidence or materials already before the trial court. 

“They put into context the respective cases for the litigating parties and how they would present their perspectives in order to convince the court in order to get a favourable decision. No amount of submissions, be they written or oral, amount to evidence.

“There is therefore nothing in the submissions that the court did not already hear during the course of the trial. That said, there are no express legal provisions that have exalted the position of oral submission such that it must, without fail, be extended by the court to counsel in all cases.

“Rather, it would depend on the particular judge whether any submission needs to be filed by any party at the end of the whole case before a decision can be made. In some cases, the need for any submissions may not be relevant at all. 

,

allbet欧博真人客户端www.aLLbet8.vip}是欧博集团的官方网站。欧博官网开放Allbet注册、Allbe代理、Allbet电脑客户端、Allbet手机版下载等业务。

,

“Indeed, even after directing parties to file written submissions and for them to submit orally, there is nothing to prevent the court from changing its mind and to proceed on only the written submissions to decide even without the ‘benefit’ of reading written submissions or hearing oral submissions.

“In short, it would suffice for the court to act on written submissions only, in the absence of oral submission. Indeed, they may amplify the effect of the application of certain legal principles which may be in play. As such, nothing much can turn on the lack of oral submissions having been heard from both counsel before the learned trial judge came up with her decision.”

With such clarity, there is no more succinct statement on the legal position. 

Abang Iskandar Abang Hashim is currently Chief Judge of Sabah and Sarawak and one of the five judges in the panel of the apex court panel hearing the final appeal of Najib in the SRC International Sdn Bhd case. – August 21, 2022.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


转载说明:本文转载自Sunbet。

上一篇:足球预测:Govt to look at more humane punishments to replace caning, says Wan Junaidi

下一篇:新2正网平台出租(www.hg108.vip):Curfew in Sabah waters extended until September 7

网友评论