10 May 2021
SIVARAM A/L SADASIVAN 1. ) VELOO A/L GANAPATHY 2. ) SANTHA KUMARI A/P N KUMARAVELOO
- Citation
- B52NCVC-458-12-2016 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- B52NCVC-458-12-2016 (Mahkamah Sesyen)
The written sale and purchase agreement bearing the defendants' signatures and supporting documentary evidence established a binding contract; defendants failed to discharge the burden to prove the alleged collateral loan arrangement or instructions to transfer funds to MJ Equity/Jones Jamesraj; dishonoured cheques and payment records established defendants received plaintiff's money and confirmed liability; adverse inference under S114(g) Evidence Act was warranted for defendants' failure to call the material witness Jones Jamesraj; accordingly plaintiff entitled to repayment of RM790,000 an…