16 Nov 2022
DATO' MOHAMAD BIN SHAHUL HAMEED DATIN MAZITA BINTI OSMAN
- Citation
- C-02(NCvC)(W)-655-04/2021 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- C-02(NCvC)(W)-655-04/2021 (Mahkamah Rayuan)
The Court of Appeal held that the cause of action accrued in October 2017 when the respondent ceased drawings, so the claim filed April 2018 was not statute-barred; contemporaneous documents and continued payment of drawings established an oral partnership and 50% profit entitlement (or at least a binding partnership relationship) and the respondent, having stepped into DS's role, was bound; the High Court erred in failing to give appropriate weight to documentary evidence and in misassessing credibility. Appeal allowed; High Court decision set aside; judgment entered for appellant per claime…