FUQING FURONG FOOD CO. LTD JMG TRADING SDN. BHD. (No. Syarikat: 753576-H)

FUQING FURONG FOOD CO. LTD JMG TRADING SDN. BHD. (No. Syarikat: 753576-H)

High Court found the Sessions Judge made contradictory factual findings and misapplied the burden of proof by accepting defendant's assertion of email hacking without proper evidential basis and by shifting evidential onus to plaintiff; the High Court allowed plaintiff's appeal, held defendant liable for the unpaid contract sum, and awarded costs to plaintiff.

Citation
WA-12BNCVC-135-12/2018 (Mahkamah Tinggi)
Parties
Plaintiff/perayu: Fuqing Furong Food Co. Ltd; Defendant/responden: JMG Trading Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 October 2019
Case Number
WA-12BNCVC-135-12/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Contract (sale of Goods) / Appeal to High Court From Sessions Court (high Court Allowed Appeal); Respondent Granted Leave to Appeal to Court of Appeal
Outcome
Appeal allowed in favour of plaintiff; Sessions Court decision disturbed; judgment entered for plaintiff.
Legal Topics
Email Fraud/cyber Hijacking, Burden of Proof, Mitigation of Loss, Agency/authority of Employee, Pleadings and Issue Estoppel, Appellate Intervention
Source Language
Malay/English
Contract Evidence Civil Procedure Commercial Law Insurance Email Fraud/cyber Hijacking Burden of Proof Mitigation of Loss +3 more

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Parties

Fuqing Furong Food Co. Ltd

Plaintiff/perayu

JMG Trading Sdn. Bhd.

Defendant/responden

Procedural Posture

Civil Contract (sale of Goods) / Appeal to High Court From Sessions Court (high Court Allowed Appeal); Respondent Granted Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether defendant paid the invoiced sum to plaintiff or to a third party account pursuant to fraudulent/hacked emails
  2. 2 Whether payments made to bank details supplied by emails not sent from plaintiff bind the plaintiff
  3. 3 On whom lay the burden to prove that plaintiff's email was hacked

Ratio Decidendi

High Court found the Sessions Judge made contradictory factual findings and misapplied the burden of proof by accepting defendant's assertion of email hacking without proper evidential basis and by shifting evidential onus to plaintiff; the High Court allowed plaintiff's appeal, held defendant liable for the unpaid contract sum, and awarded costs to plaintiff.

Court Disposition

Appeal allowed in favour of plaintiff; Sessions Court decision disturbed; judgment entered for plaintiff.

Orders

  • Appeal allowed
  • Judgment for Plaintiff for USD59,472.00