Worldwide Platinum Records Sdn. Bhd. TAN SEW CHENG

Worldwide Platinum Records Sdn. Bhd. TAN SEW CHENG

The court held the two undertakings must be read conjunctively with the loan agreement; the plaintiff failed to discharge its unshiftable legal burden to prove the loan agreement and undertakings were valid and legally enforceable and failed to rebut apparent illegality and regulatory contraventions; respondent had also discharged evidential burden through cross-examination; restitution exception under Patel v Mirza does not apply because granting relief would be contrary to public policy and disproportionate; appeal dismissed and High Court decision affirmed.

Citation
B-02(NCvC)(W)-369-03/2023 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: Worldwide Platinum Records Sdn. Bhd.; Respondent / Defendant: Tan Sew Cheng
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
12 August 2024
Case Number
B-02(NCvC)(W)-369-03/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (full Trial)
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Loan Agreement, Undertaking, Illegality (ex Turpi Causa Non Oritur Actio), Restitution (patel V Mirza), Burden of Proof (legal Vs Evidential), No Case to Answer, Adverse Inference (s114(g) Evidence Act), Unjust Enrichment
Source Language
Malay/English
Contract Law Civil Procedure Evidence Financial Regulation Public Policy Anti Money Laundering Exchange Control Loan Agreement +7 more

Case Brief

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Parties

Worldwide Platinum Records Sdn. Bhd.

Appellant / Plaintiff

Tan Sew Cheng

Respondent / Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (full Trial)

Legal Issues

  1. 1 Whether the loan agreement and two undertakings must be read conjunctively
  2. 2 Whether the plaintiff discharged its legal burden to prove validity and enforceability of the loan agreement and undertakings
  3. 3 Whether evidential burden shifted to the defendant and was discharged given defendant's no case submission

Ratio Decidendi

The court held the two undertakings must be read conjunctively with the loan agreement; the plaintiff failed to discharge its unshiftable legal burden to prove the loan agreement and undertakings were valid and legally enforceable and failed to rebut apparent illegality and regulatory contraventions; respondent had also discharged evidential burden through cross-examination; restitution exception under Patel v Mirza does not apply because granting relief would be contrary to public policy and disproportionate; appeal dismissed and High Court decision affirmed.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Appeal dismissed and High Court decision affirmed
  • Appellant ordered to pay costs of RM40,000.00 to Respondent (subject to allocator)