L & L Leather Enterprise (M) S/B M City Solution S/B

L & L Leather Enterprise (M) S/B M City Solution S/B

The magistrate's factual findings that the respondent proved delivery and indebtedness on a balance of probabilities were supported by documentary evidence (statement of account, invoices, consignment notes acknowledged by appellant), the appellant failed to call its alleged corroborating witness and was estopped from denying receipt; these findings were not plainly wrong and the appeal is therefore dismissed.

Citation
BA-11BNCVC-32-10/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: L & L Leather Enterprise (M) Sdn Bhd; Respondent/plaintiff: M City Solution Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 November 2020
Case Number
BA-11BNCVC-32-10/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Magistrate Court / Judgment on Appeal
Outcome
Appeal dismissed; Magistrate's judgment affirmed
Legal Topics
Sale of Goods, Goods Sold and Delivered, Documentary Evidence, Estoppel, Appellate Review Standard
Source Language
Malay/English
Contract Commercial Law Evidence Civil Procedure Sale of Goods Goods Sold and Delivered Documentary Evidence Estoppel +1 more

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Parties

L & L Leather Enterprise (M) Sdn Bhd

Appellant/defendant

M City Solution Sdn Bhd

Respondent/plaintiff

Procedural Posture

Civil Appeal From Magistrate Court / Judgment on Appeal

Legal Issues

  1. 1 Whether respondent proved goods sold and delivered and balance outstanding
  2. 2 Admissibility and evidential weight of consignment notes, invoices and statement of account
  3. 3 Whether appellant returned the goods or was excused from liability

Ratio Decidendi

The magistrate's factual findings that the respondent proved delivery and indebtedness on a balance of probabilities were supported by documentary evidence (statement of account, invoices, consignment notes acknowledged by appellant), the appellant failed to call its alleged corroborating witness and was estopped from denying receipt; these findings were not plainly wrong and the appeal is therefore dismissed.

Court Disposition

Appeal dismissed; Magistrate's judgment affirmed

Orders

  • Appeal dismissed
  • Original Magistrate Court judgment dated 27 September 2019 affirmed maintaining award of RM99,210.01 with interest and costs as ordered below