CHARANJIT KAUR A/P SITA SINGH NAGAMUTHU A/L PERIASAMY

CHARANJIT KAUR A/P SITA SINGH NAGAMUTHU A/L PERIASAMY

On the balance of probabilities the court found a binding loan existed based on the written Friendly Loan Agreement, uncontested transfers totalling RM549,995.00, admissions in the respondent's pleadings and conduct, and partial repayments establishing indebtedness; the respondent breached the loan obligation and must pay the outstanding RM493,995.00, with interest as claimed; the Sessions Court's contrary finding was a material misdirection and was set aside.

Citation
BA-12BNCC-9-07/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Charanjit Kaur A/P Sita Singh; Respondent/defendant: Nagamuthu A/L Periasamy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 May 2025
Case Number
BA-12BNCC-9-07/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Full Judgment on Appeal Allowing Appeal
Outcome
Appeal allowed; Sessions Court judgment set aside; judgment entered for appellant
Legal Topics
Loan Agreement, Breach of Contract, Quantum of Judgment, Admissions in Pleadings, Standard of Proof, Interest and Costs
Source Language
Malay/English
Contract Civil Procedure Evidence Loan Agreement Breach of Contract Quantum of Judgment Admissions in Pleadings Standard of Proof +1 more

Case Brief

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Parties

Charanjit Kaur A/P Sita Singh

Appellant/plaintiff

Nagamuthu A/L Periasamy

Respondent/defendant

Procedural Posture

Civil Appeal From Sessions Court / Full Judgment on Appeal Allowing Appeal

Legal Issues

  1. 1 Whether a binding loan agreement existed between the parties
  2. 2 Whether respondent's pleadings and conduct constituted admissions creating contractual liability
  3. 3 Whether the Sessions Court misdirected itself in assessing evidence and applying the burden/standard of proof under the Evidence Act 1950

Ratio Decidendi

On the balance of probabilities the court found a binding loan existed based on the written Friendly Loan Agreement, uncontested transfers totalling RM549,995.00, admissions in the respondent's pleadings and conduct, and partial repayments establishing indebtedness; the respondent breached the loan obligation and must pay the outstanding RM493,995.00, with interest as claimed; the Sessions Court's contrary finding was a material misdirection and was set aside.

Court Disposition

Appeal allowed; Sessions Court judgment set aside; judgment entered for appellant

Orders

  • Respondent ordered to pay appellant RM493,995.00
  • Interest on the sum as claimed in the statement of claim (prayers (d) and (e))