Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Digital evidence authenticity

  • 13 Jun 2024

    V A L V A N

    Citation
    WA-24F-30-02/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-30-02/2023 (Mahkamah Tinggi)

    Application dismissed with costs because it was procedurally flawed, lacked substantive and contemporaneous evidence (police report hearsay and delayed), relied on uncorroborated and contextless video recordings susceptible to manipulation, prior psychiatric assessment cleared the Plaintiff, police/DPP took no further action, no special circumstances existed to justify a stay, and the application bore indicia of bad faith aimed at denying access.

  • 30 Aug 2023

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    Citation
    WA-22NCVC-668-10/2016 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCVC-668-10/2016 (Mahkamah Tinggi)

    On the balance of probabilities the court found sufficient and consistent evidence that Hanh and Phuong acted as the defendant's nominees and under his instruction making the defendant the principal liable for breaches of the Non-Exclusive Dealership Agreements; the defendant, as director of P2, breached fiduciary duties; plaintiffs proved failure to remit sales proceeds, withholding of financial records, disconnection of server and removal of representatives; plaintiffs discharged evidentiary burden and are entitled to the quantified sums, interest and costs; counterclaim dismissed for lack…