JOHNNY ANG 1. ) LIM LI LIAN 2. ) LIM WING WAI PIHAK YANG DIGARNIS CIMB BANK BERHAD

JOHNNY ANG 1. ) LIM LI LIAN 2. ) LIM WING WAI PIHAK YANG DIGARNIS CIMB BANK BERHAD

The court accepted plaintiff's contemporaneous documentary and video evidence, admitted the video through its maker with s90A certification, found Defendant 1 received the cash and validly signed the friendly loan agreement and cheque, rejected Defendant 1's coercion defence for lack of contemporaneous evidence and...

Source-derived case information.

Citation
WA-A52NCC-21-01/2022 (Mahkamah Sesyen)
Parties
Plaintiff: Johnny Ang; Defendant 1: Lim Li Lian; Defendant 2: Lim Wing Wai
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 October 2025
Case Number
WA-A52NCC-21-01/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Suit / Judgment at Trial
Outcome
Plaintiff's claim against Defendant 1 allowed; Plaintiff's claim against Defendant 2 dismissed with costs
Legal Topics
Friendly Loan, Duress/coercion, Admissibility of Electronic/video Recordings, Partnership Liability, Presumptions Under Evidence Act
Contract Law Evidence Partnership Law Civil Procedure Friendly Loan Duress/coercion Admissibility of Electronic/video Recordings Partnership Liability +1 more

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Parties

Johnny Ang

Plaintiff

Lim Li Lian

Defendant 1

Lim Wing Wai

Defendant 2

Procedural Posture

Civil Suit / Judgment at Trial

  1. 1 Whether Defendant 1 is liable to repay RM179,360 under the friendly loan agreement dated 23.03.2021
  2. 2 Whether Defendant 1's failure to file a police report undermines his claim of coercion
  3. 3 Whether Defendant 1 proved coercion on balance of probabilities

Ratio Decidendi

The court accepted plaintiff's contemporaneous documentary and video evidence, admitted the video through its maker with s90A certification, found Defendant 1 received the cash and validly signed the friendly loan agreement and cheque, rejected Defendant 1's coercion defence for lack of contemporaneous evidence and inconsistent conduct (including failure to report to police and failure to call the lawyer), and held Defendant 2 not liable as partner because the loan was a personal transaction outside the partnership's ordinary business and no authority was proven.

Court Disposition

Plaintiff's claim against Defendant 1 allowed; Plaintiff's claim against Defendant 2 dismissed with costs

Orders

  • Defendant 1 ordered to pay Plaintiff RM179360.00
  • Claim against Defendant 2 dismissed with costs to Plaintiff