Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Adverse inference from failure to testify
  • 27 Mar 2025

    AENDRAA AZHAR BIN ABDUL AZIZ ISKANDAR SHAH BIN ABDULLAH

    Citation
    CA-B52C-6-10/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    CA-B52C-6-10/2023 (Mahkamah Sesyen)

    On the balance of probabilities the Plaintiff proved the Defendant breached the renovation contract by failing to complete works by 12/5/2023, producing defective and non-conforming work; unchallenged documentary evidence and consultant reports established Plaintiff's losses totalling RM210,700 which the Defendant must pay with interest at 5% per annum from the date of filing; Defendant's counterclaim was unsupported and dismissed; Defendant's failure to give evidence permitted adverse inferences under s114(g) Evidence Act 1950 and influenced the court's assessment.