Malaysia Case Law: Decisions & Judgments

Topic

Adverse inference for non-attendance

Legal area

Court

25 Mar 2024

BUVENTHIRAN A/L PARAMASIVAM

Citation

AB-42JSKS-5-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AB-42JSKS-5-03/2023 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: the prosecution proved all elements beyond reasonable doubt on the basis of credible child witnesses whose competence and testimony were satisfactory under the 2017 Act; the intoxication defence failed because intoxication was self-induced, no medical opinion established incapacity to know the nature/wrongness of acts, and the appellant retained cognitive faculties; there was no basis to draw adverse inference; the two offences formed one transaction and concurrent sentences and the imposed terms were appropriate.
28 Dec 2023

A1 GLOBE SDN BHD 1. ) GOODHOPE HEALTHCARE SDN BHD 2. ) DATO' LEE SON HONG

Citation

NA-22NCvC-53-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

NA-22NCvC-53-11/2021 (Mahkamah Tinggi)

On the balance of probabilities the defendants breached the seven purchase orders by failing to deliver and make consignments available for collection on the agreed dates; plaintiff validly terminated the contracts and is entitled to repayment of the deposits RM2,092,087.74; defendants' counterclaims were unproven for lack of documentary and admissible evidence and are dismissed; adverse inferences were drawn from the second defendant's non‑attendance and failure to produce evidence; costs awarded to plaintiff RM15,000.00.
25 Aug 2022

1. ) MUHAMMAD EKMAL BIN MUSA - (No. KP - 030809 - 01- 1669) Orang belum dewasa yang membawa tuntutan melalui ibu kandungnya, NORIZAN BINTI MOHD. NOR (No. KP - 670410-01-6084) sebagai Wakil Litigasi) 2. ) MOHD AMIRUL HAKIMI BIN HASIM - (No.

Citation

JA-A53KJ-448-07/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-448-07/2021 (Mahkamah Sesyen)

On the balance of probabilities the court accepted plaintiffs' and investigating officer's evidence and police reports that Defendant First unlawfully entered the plaintiffs' lane while overtaking; Defendant First's absence and failure to give evidence justified an adverse inference under s114(g) Evidence Act; plaintiffs bore no contributory negligence and are entitled to full damages quantified by reference to the Compendium and expert evidence including awards for custom orthotic devices as recommended by the plaintiffs' CPO.
26 Apr 2022

e-pay (M) Sdn Bhd 1. ) Chai Nyet Sum 2. ) Lim See Kin 3. ) Lim Ngit Chin 4. ) Chong Choi Yong 5. ) Moo Yoke Lui 6. ) Ng Kim Heng 7. ) Heng Chay Hoon

Citation

WA-22NCC-104-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-104-02/2020 (Mahkamah Tinggi)

On the balance of probabilities the Plaintiff proved a scheme by D1 (with assistance from D2) to procure wrongful Submission and Overriding Commission payments by creating phantom merchants, inflating MDCRs and re-tagging merchants; system-generated source documents and witness evidence were admissible and credible; defendants failed to provide credible, pleaded or supported alternative explanations and two defendants did not attend trial; accordingly judgment for the Plaintiff for specified monetary awards, interest and costs was entered against defendants as ordered.
13 Aug 2021

Haluan Prisma Sdn Bhd Atlantic Distinction (M) Sdn Bhd

Citation

BA-22C-21-06/2018/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-21-06/2018/2021 (Mahkamah Tinggi)

Because contemporaneous documents and witness evidence established that both parties actively contributed on site from mid-August 2016 to March 2017 and neither proved exclusive control, the court applied the presumption of equal contributions, adjusted Defendant's receipts by sums Defendant paid to subcontractors and site costs, and apportioned the net balance equally; this produced the awards and interest and costs ordered.

Malaysia Case Law

BUVENTHIRAN A/L PARAMASIVAM

A1 GLOBE SDN BHD 1. ) GOODHOPE HEALTHCARE SDN BHD 2. ) DATO' LEE SON HONG

1. ) MUHAMMAD EKMAL BIN MUSA - (No. KP - 030809 - 01- 1669) Orang belum dewasa yang membawa tuntutan melalui ibu kandungnya, NORIZAN BINTI MOHD. NOR (No. KP - 670410-01-6084) sebagai Wakil Litigasi) 2. ) MOHD AMIRUL HAKIMI BIN HASIM - (No.

e-pay (M) Sdn Bhd 1. ) Chai Nyet Sum 2. ) Lim See Kin 3. ) Lim Ngit Chin 4. ) Chong Choi Yong 5. ) Moo Yoke Lui 6. ) Ng Kim Heng 7. ) Heng Chay Hoon

Haluan Prisma Sdn Bhd Atlantic Distinction (M) Sdn Bhd