JOHN SLATTERY VINOD BALACHANDRA SEKHAR A/L TAN SRI B C SEKHAR

JOHN SLATTERY VINOD BALACHANDRA SEKHAR A/L TAN SRI B C SEKHAR

The appeal was dismissed because the plaintiff failed to prove the two essential facts pleaded: that the defendant made representations inducing the investment in Green Rubber Plc and that the plaintiff himself paid USD108,000 to the defendant. The evidence tendered was inconsistent with the pleadings (transfers shown were from CLG), CLG was not called to give evidence, the WhatsApp messages and settlement correspondence did not prove the pleaded claim, and the burden of proof remained on the plaintiff; thus there was no case to answer and the Sessions Court decision was upheld.

Citation
WA-12BNCC-50-12/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: John Slattery; Respondent/defendant: Vinod Balachandra Sekhar a/l Tan Sri B C Sekhar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 June 2023
Case Number
WA-12BNCC-50-12/2022 (Mahkamah Tinggi)
Procedural Posture
Appeal From Sessions Court (commercial Claim for Return of Monies) / High Court Appeal – Judgment
Outcome
Appeal dismissed; Sessions Court judgment affirmed
Legal Topics
Misrepresentation, Breach of Contract, Unjust Enrichment, Settlement Agreement, Burden of Proof, No Case to Answer
Source Language
Malay/English
Contract Evidence Commercial Law Civil Procedure Misrepresentation Breach of Contract Unjust Enrichment Settlement Agreement +2 more

Case Brief

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Parties

John Slattery

Appellant/plaintiff

Vinod Balachandra Sekhar a/l Tan Sri B C Sekhar

Respondent/defendant

Procedural Posture

Appeal From Sessions Court (commercial Claim for Return of Monies) / High Court Appeal – Judgment

Legal Issues

  1. 1 Whether plaintiff proved representations by the defendant inducing payment for share purchase in Green Rubber Plc
  2. 2 Whether plaintiff proved he paid USD108,000 to the defendant as pleaded
  3. 3 Whether the documentary and WhatsApp evidence adduced supported the pleaded case

Ratio Decidendi

The appeal was dismissed because the plaintiff failed to prove the two essential facts pleaded: that the defendant made representations inducing the investment in Green Rubber Plc and that the plaintiff himself paid USD108,000 to the defendant. The evidence tendered was inconsistent with the pleadings (transfers shown were from CLG), CLG was not called to give evidence, the WhatsApp messages and settlement correspondence did not prove the pleaded claim, and the burden of proof remained on the plaintiff; thus there was no case to answer and the Sessions Court decision was upheld.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed

Orders

  • Appeal dismissed
  • Costs awarded to respondent