SOO CHEONG PUI 1. ) WONG SWEE KWOANG 2. ) LAI FOOK PING 3. ) WONG SEE MUN

SOO CHEONG PUI 1. ) WONG SWEE KWOANG 2. ) LAI FOOK PING 3. ) WONG SEE MUN

The appeal is dismissed because the Appellant failed to prove, on the balance of probabilities, that the Impugned Judgment was obtained by fraud; the Appellant did not discharge the burden to call key witnesses or to establish forgery, the trial court's findings were unassailable on appeal, and prior trial and appellate opportunities (including fresh evidence avenues) bar re‑litigation of the issue.

Citation
BA-12B-11-02/2025 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Soo Cheong Pui; Respondent/defendant: Wong Swee Kwoang; Respondent/defendant: Lai Fook Ping; Respondent/defendant: Wong See Mun
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 August 2025
Case Number
BA-12B-11-02/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal From Sessions Court (application to Set Aside Prior Judgment for Fraud)
Outcome
Appeal dismissed
Legal Topics
Setting Aside Judgment for Fraud, Burden of Proof, Forgery and Falsified Documents, Documentary Hearsay, Fresh Evidence, Subpoena and Witness Attendance, Costs
Source Language
Malay/English
Civil Procedure Evidence Tort Negligence Fraud Res Judicata Criminal Procedure (peripheral) Setting Aside Judgment for Fraud Burden of Proof +5 more

Case Brief

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Parties

Soo Cheong Pui

Appellant/plaintiff

Wong Swee Kwoang

Respondent/defendant

Lai Fook Ping

Respondent/defendant

Wong See Mun

Respondent/defendant

Procedural Posture

Civil Appeal / High Court Judgment on Appeal From Sessions Court (application to Set Aside Prior Judgment for Fraud)

Legal Issues

  1. 1 Whether the Impugned Judgment was obtained by fraud via falsified invoices and receipts
  2. 2 Whether the Appellant discharged the evidential and legal burden to set aside the prior judgment
  3. 3 Whether res judicata or prior appellate remedies bar the present application

Ratio Decidendi

The appeal is dismissed because the Appellant failed to prove, on the balance of probabilities, that the Impugned Judgment was obtained by fraud; the Appellant did not discharge the burden to call key witnesses or to establish forgery, the trial court's findings were unassailable on appeal, and prior trial and appellate opportunities (including fresh evidence avenues) bar re‑litigation of the issue.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to Respondents in the sum of RM5,000.00