3 Jul 2025
SAKTHIVEL NAGALINGAM OF MESSRS AMRAN JOSEPH CHAN & CO. KUMARAPPAN @ THANNIRMALAI A/L K. M. PALANIAPPAN PENCELAH MAJLIS PEGUAM MALAYSIA
- Citation
- AA-17D-1-07/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-17D-1-07/2024 (Mahkamah Tinggi)
The undertaking was conditional on actual receipt of the balance purchase price and never matured because the firm was discharged and the banker’s cheque was returned without being banked or cleared; the applicant acted as a legal assistant within firm authority and, absent evidence of excess of authority or fraud, personal liability does not attach; material procedural failures (deceased complainant without proper substitution, denial of cross-examination, absence of affidavit of death/Rule 27 compliance, defective service, failure to state standard of proof, and DB’s failure to give reasons…