SANDRAN A/L NAMBIAR (DIDAKWA DALAM KAPASITI SEBAGAI PENGERUSI HINDU DEVALAYA PARIPALANA SABAH) (NO. PENDAFTARAN: 47 PAHANG) NSJ GLOBAL CONSTRUCTION (NO. PENDAFTARAN PERNIAGAAN: 002253671-P) (MENDAKWA SEBAGAI FIRMA PERKONGSIAN)

SANDRAN A/L NAMBIAR (DIDAKWA DALAM KAPASITI SEBAGAI PENGERUSI HINDU DEVALAYA PARIPALANA SABAH) (NO. PENDAFTARAN: 47 PAHANG) NSJ GLOBAL CONSTRUCTION (NO. PENDAFTARAN PERNIAGAAN: 002253671-P) (MENDAKWA SEBAGAI FIRMA PERKONGSIAN)

On the whole record including invoices, quotation, KOG work cards and payment vouchers, and given inconclusive handwriting evidence and lack of contrary proof linking payments to another contractor, the Plaintiff proved on the balance of probabilities that the Defendant owed RM149,714.60. The absence of written reasons from the trial judge did not justify upsetting the factual findings supported by the trial record; therefore the Sessions Court judgment was affirmed and the appeal dismissed.

Citation
CB-12B-3-04/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Sandran A/L Nambiar; Respondent/plaintiff: NSJ Global Construction
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 October 2021
Case Number
CB-12B-3-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Decision on Appeal (rehearing on Record)
Outcome
Appeal dismissed; Sessions Court judgment affirmed
Legal Topics
Burden of Proof, Authenticity of Signature, Quantum of Debt, Appellate Review, Requirement for Reasons in Judgment
Source Language
Malay/English
Contract Civil Procedure Evidence Law Burden of Proof Authenticity of Signature Quantum of Debt Appellate Review Requirement for Reasons in Judgment

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Parties

Sandran A/L Nambiar

Appellant/defendant

NSJ Global Construction

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / High Court Decision on Appeal (rehearing on Record)

Legal Issues

  1. 1 Whether a contract existed between Plaintiff and Defendant
  2. 2 Whether Plaintiff proved on balance of probabilities that Defendant owed RM149,714.60
  3. 3 Whether the signature on the invoice/statement was that of the Defendant

Ratio Decidendi

On the whole record including invoices, quotation, KOG work cards and payment vouchers, and given inconclusive handwriting evidence and lack of contrary proof linking payments to another contractor, the Plaintiff proved on the balance of probabilities that the Defendant owed RM149,714.60. The absence of written reasons from the trial judge did not justify upsetting the factual findings supported by the trial record; therefore the Sessions Court judgment was affirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed

Orders

  • Appeal dismissed
  • Judgment in favour of Plaintiff for RM149,714.60 affirmed