10 Dec 2020
1. ) HO WEI YAP 2. ) CHONG CHOY YEW 1. ) HO KIM LING 2. ) CHAI YIKE FONG
- Citation
- -AA-12BNCvC-5-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- -AA-12BNCvC-5-06/2020 (Mahkamah Tinggi)
The High Court affirmed the Sessions Court: plaintiffs produced contemporaneous deposit slips, corroborated by the transaction solicitor and timeline consistent with SPA, establishing payment into the defendant‑managed account; the defendants' alternative explanation was unpleaded and inadmissible; s73A permitted documentary evidence where maker was beyond the seas; no adverse inference under s114(g) was warranted; appellate interference was unwarranted because the trial judge's factual findings were not plainly wrong. Consequently the appeal was dismissed and the Sessions Court judgment rest…