Lai Chee Mung TRAFEL REKA SDN BHD

Lai Chee Mung TRAFEL REKA SDN BHD

On the balance of probabilities the High Court found plaintiff proved its claim: plaintiff's tax invoices and official receipts established the amounts due and the defendant failed to prove that the additional documents and cheques were payments to the plaintiff; defendant's failure to call corroborating witnesses...

Source-derived case information.

Citation
CA-12BNCC-1-01/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Lai Chee Mung; Respondent/plaintiff: Trafel Reka Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 October 2022
Case Number
CA-12BNCC-1-01/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court on Appeal From Sessions Court
Outcome
Appeal dismissed; Sessions Court judgment affirmed
Legal Topics
Payment Dispute, Quantum of Claim, Counterclaim, Admissibility of Payment Evidence, Pleading Compliance
Contract Civil Procedure Evidence Payment Dispute Quantum of Claim Counterclaim Admissibility of Payment Evidence Pleading Compliance

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Parties

Lai Chee Mung

Appellant/defendant

Trafel Reka Sdn Bhd

Respondent/plaintiff

Procedural Posture

Civil Appeal / High Court on Appeal From Sessions Court

Legal Issues

  1. 1 Whether plaintiff proved outstanding sum due for renovation and interior works
  2. 2 Whether defendant proved payments alleged (including D13, cheques and cash documents) were made to plaintiff
  3. 3 Whether plaintiff's oral evidence contradicted pleadings such that exclusion was required

Ratio Decidendi

On the balance of probabilities the High Court found plaintiff proved its claim: plaintiff's tax invoices and official receipts established the amounts due and the defendant failed to prove that the additional documents and cheques were payments to the plaintiff; defendant's failure to call corroborating witnesses (notably his wife) and to produce official receipts for the disputed payments rendered his evidence insufficient. The Sessions Court's decision was therefore affirmed and appeal dismissed.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed

Orders

  • Appeal dismissed
  • Judgment of Sessions Court affirmed