Worldwide Platinum Records Sdn. Bhd. TAN SEW CHENG

Worldwide Platinum Records Sdn. Bhd. TAN SEW CHENG

The dissent concluded that because the defendant elected to submit no case to answer the court was bound to assume the plaintiff's evidence true; the defendant had judicially admitted the existence and contents of undertakings; documentary evidence was undisputed; the trial judge erred by testing plaintiff's case against unled defences and reliance on unsatisfactory cross-examination answers; on the balance of probabilities the plaintiff proved a prima facie case and the High Court decision dismissing the claim must be set aside and judgment entered for the plaintiff with costs.

Citation
B-02(NCvC)(W)-369-03/2023 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Worldwide Platinum Records Sdn. Bhd.; Respondent/defendant: Tan Sew Cheng
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
12 August 2024
Case Number
B-02(NCvC)(W)-369-03/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Dissenting Judgment
Outcome
Appeal allowed in the dissenting judgment; High Court decision set aside and substituted with judgment for the plaintiff
Legal Topics
No Case to Answer, Breach of Undertaking, Judicial Admission, Adverse Inference, Documentary Evidence, Cross Examination Effect
Source Language
Malay/English
Civil Procedure Contract Law Evidence Law Judicial Review No Case to Answer Breach of Undertaking Judicial Admission Adverse Inference +2 more

Case Brief

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Parties

Worldwide Platinum Records Sdn. Bhd.

Appellant/plaintiff

Tan Sew Cheng

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Dissenting Judgment

Legal Issues

  1. 1 Whether the trial judge correctly applied legal principles on a defendant's election of no case to answer
  2. 2 Whether the plaintiff proved a prima facie case based on admitted undertakings and documentary evidence
  3. 3 Whether the trial judge erred in rejecting or failing to consider undisputed documentary evidence (ID1)

Ratio Decidendi

The dissent concluded that because the defendant elected to submit no case to answer the court was bound to assume the plaintiff's evidence true; the defendant had judicially admitted the existence and contents of undertakings; documentary evidence was undisputed; the trial judge erred by testing plaintiff's case against unled defences and reliance on unsatisfactory cross-examination answers; on the balance of probabilities the plaintiff proved a prima facie case and the High Court decision dismissing the claim must be set aside and judgment entered for the plaintiff with costs.

Court Disposition

Appeal allowed in the dissenting judgment; High Court decision set aside and substituted with judgment for the plaintiff

Orders

  • Allow the appeal
  • Set aside the High Court decision dismissing the plaintiff's claim