Chiang Dyi Woei TAN SIEW NEE

Chiang Dyi Woei TAN SIEW NEE

The Court of Appeal upheld the High Court findings of fact that the Borrower/Vendor was an experienced investor who knowingly entered and abetted illegal moneylending transactions, accepted the expert's handwriting opinion and adverse inferences for failure to call key witnesses; applying the flexible approach to illegality the court concluded it would be disproportionate and unjust to grant monetary relief to the Borrower/Vendor and affirmed dismissal of claims except for granting vacant possession to Miss Chew.

Citation
J-02(NCvC)(W)-117-01/2020 (Mahkamah Rayuan)
Parties
Borrower/vendor; Appellant (appeal No. J 02(ncvc)(w) 2416 12/2019); Respondent (in Other Appeals): Tan Siew Nee; Lender/purchaser; Appellant (appeal No. J 02(ncvc)(w) 117 01/2020); Respondent (in Other Appeals): Chiang Dyi Woei; Miss Chew; Appellant (appeal No. J 02(ncvc)(w) 118 01/2020); Respondent (in Other Appeals): Chew Yee Hui; Law Firm; Third Respondent: Tetuan Tea, Kelvin Kang & Co.
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
19 July 2022
Case Number
J-02(NCvC)(W)-117-01/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal From High Court Trial / Court of Appeal Judgment on Appeals Arising From Trial Judgment of High Court (confirmation of High Court Order)
Outcome
All three appeals dismissed; High Court order dated 18 December 2019 affirmed
Legal Topics
Illegality Doctrine and Reliefs, Undue Influence and Duress, Forgery and Expert Handwriting Evidence, Estoppel and Parties Bound by Pleadings, Adverse Inference, Costs
Source Language
Malay/English
Contract Law Property Law Evidence Equity and Trusts Civil Procedure Financial Regulation / Moneylending Law Illegality Doctrine and Reliefs Undue Influence and Duress +4 more

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Parties

Tan Siew Nee

Borrower/vendor; Appellant (appeal No. J 02(ncvc)(w) 2416 12/2019); Respondent (in Other Appeals)

Chiang Dyi Woei

Lender/purchaser; Appellant (appeal No. J 02(ncvc)(w) 117 01/2020); Respondent (in Other Appeals)

Chew Yee Hui

Miss Chew; Appellant (appeal No. J 02(ncvc)(w) 118 01/2020); Respondent (in Other Appeals)

Tetuan Tea, Kelvin Kang & Co.

Law Firm; Third Respondent

Procedural Posture

Civil Appeal From High Court Trial / Court of Appeal Judgment on Appeals Arising From Trial Judgment of High Court (confirmation of High Court Order)

Legal Issues

  1. 1 Whether the trial judge erred in finding the disputed signatures genuine and admitting expert handwriting evidence
  2. 2 Whether the appellant (Borrower/Vendor) was entitled to monetary relief despite transactions being illegal (doctrine of illegality and flexible approach)
  3. 3 Whether the Law Firm was liable for alleged fraud/conspiracy or negligent preparation of documents

Ratio Decidendi

The Court of Appeal upheld the High Court findings of fact that the Borrower/Vendor was an experienced investor who knowingly entered and abetted illegal moneylending transactions, accepted the expert's handwriting opinion and adverse inferences for failure to call key witnesses; applying the flexible approach to illegality the court concluded it would be disproportionate and unjust to grant monetary relief to the Borrower/Vendor and affirmed dismissal of claims except for granting vacant possession to Miss Chew.

Court Disposition

All three appeals dismissed; High Court order dated 18 December 2019 affirmed

Orders

  • Grant vacant possession of Nos. 17, 19 and 21, Jalan Cermat 6, Taman Pelangi to Chew Yee Hui within seven days; if not complied writ of possession to issue
  • Borrower/Vendor's counterclaim against Chiang Dyi Woei dismissed (no order as to costs)