GAN KAH LOON TAN WEI LEONG

GAN KAH LOON TAN WEI LEONG

The High Court affirmed the Sessions Court: on the balance of probabilities the judge properly evaluated the evidence, the involvement and control of a third party (Bih Sing) undermined the appellant's claim of a direct friendly loan to the respondent, and there was no basis to disturb the trial court's findings.

Citation
BA-12BNCC-11-08/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Gan Kah Loon; Respondent/defendant: Tan Wei Leong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 November 2023
Case Number
BA-12BNCC-11-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Final Judgment on Appeal to High Court
Outcome
Appeal dismissed and Sessions Court judgment affirmed
Legal Topics
Friendly Loan, Burden of Proof, Appellate Intervention, Evaluation of Documentary Evidence, Costs
Source Language
Malay/English
Contract Civil Procedure Debt Recovery Evidence Friendly Loan Burden of Proof Appellate Intervention Evaluation of Documentary Evidence +1 more

Case Brief

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Parties

Gan Kah Loon

Appellant/plaintiff

Tan Wei Leong

Respondent/defendant

Procedural Posture

Civil Appeal / Final Judgment on Appeal to High Court

Legal Issues

  1. 1 Whether a 'friendly loan' existed between the parties or the transaction was through a third party
  2. 2 Whether the Sessions Court judge misappreciated or failed to evaluate the evidence leading to a plainly wrong decision
  3. 3 Whether the burden of proof shifted to the defendant after admission of receipt of funds

Ratio Decidendi

The High Court affirmed the Sessions Court: on the balance of probabilities the judge properly evaluated the evidence, the involvement and control of a third party (Bih Sing) undermined the appellant's claim of a direct friendly loan to the respondent, and there was no basis to disturb the trial court's findings.

Court Disposition

Appeal dismissed and Sessions Court judgment affirmed

Orders

  • Appeal dismissed
  • Appellant to pay costs of MYR 30000 to Respondent (subject to allocator)