13 Dec 2022
PREMALLA A/P NAVANTHAPANY SAMY 1. ) TETUAN OTHMAN HASHIM & CO 2. ) DATUK KESAVAN P. KRISHNAN
- Citation
- WA-22NCvC-270-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-270-06/2020 (Mahkamah Tinggi)
On the balance of probabilities plaintiff failed to prove defendants were negligent or breached fiduciary duties because (1) the defendants' advice not to appeal was reasonable given the registered charge and near-certain priority of My Home Properties' title, (2) contemporaneous documents showed settlement overtures rather than admissions of liability, and (3) the plaintiff's underlying transaction was a sham/unlawful moneylending transaction; accordingly the claim is dismissed with costs.