12 Aug 2024
Worldwide Platinum Records Sdn. Bhd. TAN SEW CHENG
- Citation
- B-02(NCvC)(W)-369-03/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- B-02(NCvC)(W)-369-03/2023 (Mahkamah Rayuan)
The court held the two undertakings must be read conjunctively with the loan agreement; the plaintiff failed to discharge its unshiftable legal burden to prove the loan agreement and undertakings were valid and legally enforceable and failed to rebut apparent illegality and regulatory contraventions; respondent had also discharged evidential burden through cross-examination; restitution exception under Patel v Mirza does not apply because granting relief would be contrary to public policy and disproportionate; appeal dismissed and High Court decision affirmed.