1. ) MD NOOR BIN HARON 2. ) IHAB ADEL ALI ELSAYED 3. ) SHADI MOHAMED MOUSTAFA MOHAMED 4. ) YASMIN MOHAMED IBRAHIM SHADY 1. ) Krishnasamy Ravendran 2. ) Sivamurthy A/l Muniandy 3. ) Muhammad Anas Bin Mohd Bukhori

1. ) MD NOOR BIN HARON 2. ) IHAB ADEL ALI ELSAYED 3. ) SHADI MOHAMED MOUSTAFA MOHAMED 4. ) YASMIN MOHAMED IBRAHIM SHADY 1. ) Krishnasamy Ravendran 2. ) Sivamurthy A/l Muniandy 3. ) Muhammad Anas Bin Mohd Bukhori

The court found the letter to be plain, simple and unambiguous and that, read naturally, it manifested an intention to make full and final settlement of the judgment sum and accrued interest; accordingly extrinsic evidence was inadmissible and the payment operated as full and final settlement.

Citation
WA-12BNCC-29-08/2023 (Mahkamah Tinggi)
Parties
Appellant: Appellant; Respondent: Respondent
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 June 2024
Case Number
WA-12BNCC-29-08/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed; letter and payment held to constitute full and final settlement of the judgment sum and interest
Legal Topics
Interpretation of Written Instruments, Full and Final Settlement, Parol Evidence Rule, Section 94 Evidence Act
Source Language
Malay/English
Contract Evidence Civil Procedure Interpretation of Written Instruments Full and Final Settlement Parol Evidence Rule Section 94 Evidence Act

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the letter and enclosed cheques constituted a full and final settlement of the judgment sum and interest
  2. 2 Whether extrinsic evidence may be admitted to contradict or vary a clear and unambiguous written instrument

Ratio Decidendi

The court found the letter to be plain, simple and unambiguous and that, read naturally, it manifested an intention to make full and final settlement of the judgment sum and accrued interest; accordingly extrinsic evidence was inadmissible and the payment operated as full and final settlement.

Court Disposition

Appeal allowed; letter and payment held to constitute full and final settlement of the judgment sum and interest

Orders

  • The communication/letter accompanying the cheques is declared to be a full and final settlement of the judgment sum and interest
  • No extrinsic evidence admitted to contradict the clear written instrument