13 Sept 2024
Lim Thiam Huat GA Skylight Berhad
- Citation
- WA-22NCC-567-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-567-12/2021 (Mahkamah Tinggi)
Plaintiff failed to discharge the burden of proving that the Call Option Notices were duly served; the exhibited notices and subsequent correspondence are inadmissible because originals were not produced and secondary evidence rules do not apply; Plaintiff’s evidence was inconsistent and contradicted by objective evidence and credible defendant witnesses; failure to call material witness Chau justified adverse inference. Therefore the essential fact of valid service was not established and the claim must be dismissed.