19 Jul 2022
TAN SIEW NEE 1. ) Chiang Dyi Woei 2. ) Chew Yee Hui 3. ) Tetuan Tea, Kelvin Kang & Co
- Citation
- J-02(NCvC)(W)-2416-12/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- J-02(NCvC)(W)-2416-12/2019 (Mahkamah Rayuan)
The Court of Appeal upheld the High Court's detailed factual findings (crediting expert handwriting evidence, finding no coercion/undue influence/duress, and adverse inferences for failure to call key witnesses) and applied the Pang Mun Chung/Patel proportionality test to conclude that although the underlying transactions were illegal, the Borrower/Vendor was complicit and therefore not entitled to monetary relief; the Law Firm was not culpable. Accordingly the appeals were dismissed and the High Court order affirmed.