Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

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  • 14 Aug 2023

    GAN KOK HWA LOO CHOOI TING

    Citation
    WA-22NCC-159-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-159-04/2021 (Mahkamah Tinggi)

    Defendant failed to prove on balance of probabilities the alleged oral agreement and the quantum of expenses: there were no contemporaneous documents, the two-sheet summary lacked primary supporting documents and maker testimony and was thus inadmissible, and the Defendant's failure to give evidence justified an adverse inference; additionally sale terms relieved Plaintiff of liability. Accordingly the counterclaim fails and is dismissed.