Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Loan versus advance
  • 28 Jul 2023

    WONG TZE JIUN ISMA BIN BAHAR

    Citation
    BL-12BNCC-1-10/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BL-12BNCC-1-10/2022 (Mahkamah Tinggi)

    Although the Sessions Court correctly found the defendant received RM160,000, the defendant failed to prove that the funds were advances: his trial evidence was inconsistent with his pleaded defence, corroborative witnesses were not called, and documentary evidence accounted for only RM15,000. On balance of probabilities the transfers were loans and the appellant proved his claim, so the appellate court was justified in intervening and entering judgment for the plaintiff.