15 Jan 2025
K SENG SENG CORPORATION BERHAD TAN LIAN CHOON
- Citation
- BA-12B-53-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-53-06/2024 (Mahkamah Tinggi)
Appeal allowed; the Sessions Court was plainly wrong on liability because the trial Judge improperly shifted the burden to the plaintiff, failed to give proper judicial weight to the LGMS forensic evidence which established a prima facie cause of action, and erred in inferring a dominant collateral purpose from discontinuance and other circumstantial factors; accordingly the finding of abuse of process was set aside and costs awarded to the appellant.