Malaysia Case Law: Decisions & Judgments

Topic

Adverse inference for non-calling witness

Legal area

Court

30 Jan 2023

OCBC BANK (MALAYSIA) BERHAD PROLINK MARKETING SDN BHD

Citation

B-02(NCvC)(W)-227-02/2021 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-227-02/2021 (Mahkamah Rayuan)

The Court of Appeal allowed the appellant's main appeal because the High Court materially misappreciated and omitted consideration of critical evidence: OCBC lawfully exercised contractual review rights, negotiated and accepted repayment arrangements proposed by the respondent, later allowed redemption subject to conditions and conversion of receivables to invoice financing, Bank Negara regarded the review as normal, the respondent repeatedly defaulted and failed to call its primary director (warranting adverse inference). The respondent failed to prove causation and quantum of the alleged RM…
19 Jan 2023

1. ) JALANI BIN MOHAMED 2. ) CANGKAT RAMU (KUALA SLIM) SDN BHD 1. ) SHAHROM BIN ABDULLAH 2. ) LOOI SIEW HONG

Citation

A-02(NCvC)(W)-370-02/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

A-02(NCvC)(W)-370-02/2022 (Mahkamah Rayuan)

The Court allowed the appeal, set aside the High Court judgment and held that the second defendant failed to prove payment of the RM120,000 consideration for the Third SPA on the balance of probabilities; the transfer was therefore obtained by an insufficient/void instrument under s 340(2)(b) NLC; the trial court erred in not drawing an adverse inference for non-calling of the solicitor (MYC); specific performance of the Second SPA was appropriate and granted to the first plaintiff with delivery of vacant possession within 90 days; costs awarded against the first and second defendants.
9 Aug 2022

TENAGA NASIONAL BERHAD PETER'S BRICKWORKS SDN. BERHAD

Citation

BA-12BNCvC-6-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-6-02/2021 (Mahkamah Tinggi)

The High Court held that although the evidence supported the respondent's position that TNB had been inactive and that the JMB had applied to take over the account (and adverse inference against TNB for not calling a material witness was justified), the Sessions Court exceeded jurisdiction by ordering change of account name affecting the JMB who was not a party; accordingly the appeal was dismissed in part, the order as to the non‑party was varied, and costs awarded to TNB's opponent.

Malaysia Case Law

OCBC BANK (MALAYSIA) BERHAD PROLINK MARKETING SDN BHD

1. ) JALANI BIN MOHAMED 2. ) CANGKAT RAMU (KUALA SLIM) SDN BHD 1. ) SHAHROM BIN ABDULLAH 2. ) LOOI SIEW HONG

TENAGA NASIONAL BERHAD PETER'S BRICKWORKS SDN. BERHAD