Malaysia Case Law: Decisions & Judgments

Topic

Adverse inference under s114 evidence act

Legal area

Court

13 Apr 2023

TEWARA SDN BHD LEE CHOON SENG & SONS SDN BHD

Citation

JA-12BNCvC-7-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-7-04/2022 (Mahkamah Tinggi)

On the evidence the Plaintiff failed to prove entitlement to claimed progress payments and most of the retention sums because claims were provisional and required final remeasurement/certification and Plaintiff failed to call the project managers; Defendant proved defects, failure to hand over and incurred rectification and delay costs; however documents established a reduced computable retention sum of RM136,926.15 which must be returned to Plaintiff; SCJ's invocation of s114(g) against Plaintiff was erroneous but that error did not alter outcome on the counterclaim.
13 Jan 2023

OTIS ELEVATOR COMPANY (M) SDN. BHD. DESARU ESTATE SDN. BHD.

Citation

BA-24C-30-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24C-30-04/2022 (Mahkamah Tinggi)

The court held that an employer cannot rely on a dispute resolution agreement with the main contractor to resist a subcontractors s30 CIPAA application where the subcontractor was not party to that agreement; s13(b) CIPAA only bars enforcement where the subject matter has been settled by a written agreement between the parties to that adjudication decision; the four Cabnet conditions govern s30 applications and once the claimant proves conditions 1,2 and 4 the evidential burden under s106 EA shifts to the principal to prove no sum was due or payable; defendants failed to produce contracts an…
24 Jan 2022

1. ) Makhtar Bin Mat 2. ) Hasbullah Bin Mat 3. ) Che Ghani Bin Mohamad Zariah Binti Muhamad

Citation

DA-22NCvC-6-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-6-01/2018 (Mahkamah Tinggi)

On the balance of probabilities the court accepted the fingerprint expert's court‑ordered comparison (P1) that the thumbprints on P2 and P3 were not those of the deceased but matched a different person; P2 and P3 are therefore forged, the transfers effected by them are void, indefeasibility under s340 is defeated, plaintiffs as beneficiaries have equitable interest and locus standi to seek declaratory reliefs, and an adverse inference under s114 was warranted for failure to call the material witness; consequential reliefs and costs were granted.
6 May 2021

1.Salimah binti Osman [No. K/P: 660125-11-5340] 2. Infiniti Communication Sdn Bhd [No. Sykt: 299414-X] 1. Zafrol Rizal bin Mat [No. K/P: 721123-14-5091] 2. Shahrol Farid bin Mat [No. K/P: 810728-08-5049]

Citation

12BNCVC-45-06-2020 (Mahkamah Tinggi)
Court

High Court
Case number

12BNCVC-45-06-2020 (Mahkamah Tinggi)

The oral share sale agreement was concluded between the plaintiffs and the first defendant; due diligence and regulatory issues were not resolved and thus the defendants were not entitled to demand the balance or forfeit the deposits; the sessions judge correctly found breach by the defendant in seeking payment and correctly dismissed the counterclaim for lack of evidence, and her decision is affirmed on appeal.
14 Aug 2020

PENDAKWARAYA DINESH KUMAR A/L ARYAWAR

Citation

45A-90-08/2017 (Mahkamah Tinggi)
Court

High Court
Case number

45A-90-08/2017 (Mahkamah Tinggi)

Although prosecution established the identity and analysis of the drug and a prima facie link to the accused, material uncertainty remained about where and how the package was recovered (absence of interior photographs and credible evidence that the vehicle lacked the alleged arm rest/console). That uncertainty, together with unrebutted defence evidence on the vehicle interior, raised a reasonable doubt sufficient to rebut the statutory presumption of possession/knowledge on the balance of probabilities; prosecution therefore failed to prove guilt beyond reasonable doubt and the accused must…

Malaysia Case Law

TEWARA SDN BHD LEE CHOON SENG & SONS SDN BHD

OTIS ELEVATOR COMPANY (M) SDN. BHD. DESARU ESTATE SDN. BHD.

1. ) Makhtar Bin Mat 2. ) Hasbullah Bin Mat 3. ) Che Ghani Bin Mohamad Zariah Binti Muhamad

1.Salimah binti Osman [No. K/P: 660125-11-5340] 2. Infiniti Communication Sdn Bhd [No. Sykt: 299414-X] 1. Zafrol Rizal bin Mat [No. K/P: 721123-14-5091] 2. Shahrol Farid bin Mat [No. K/P: 810728-08-5049]

PENDAKWARAYA DINESH KUMAR A/L ARYAWAR