25 Nov 2020
BANK PERTANIAN MALAYSIA BERHAD (811810-U) ABDUL RAZAK BIN ALI (NO. K/P: XXXXXX-XX-XXXX)
- Citation
- JB-12BM-1-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-12BM-1-08/2019 (Mahkamah Tinggi)
The appeal was dismissed because the Appellant failed to discharge the burden of proof: it did not produce documentary evidence of disbursement or key loan documents and failed to show compliance with contractual terms, enabling adverse inferences; additionally the cause of action for a fresh claim against the guarantor accrued in 2004 and was time‑barred under s6 Limitation Act 1953, therefore the Appellant's claims could not succeed.