Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Shareholder liabilities

Legal area

Court

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.
14 Aug 2023

GAN KOK HWA [ IDENTITY CARD NO.: 750124055445 ] [ MESSRS EWE CHONG & KHOO (KUALA LUMPUR) ] LOO CHOOI TING [ IDENTITY CARD NO.: 610620015480 ] [ MESSRS AMAR SYIIMIR IZZAT & SHAM (KUALA LUMPUR) ]

Citation

KLHC WA-22NCC-159-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KLHC WA-22NCC-159-04/2021 (Mahkamah Tinggi)

The Defendant failed to discharge the burden of proof: there was no admissible evidence of an oral agreement or of the quantum claimed (only inadmissible summary sheets without primary documents), the Defendant did not testify allowing adverse inference, and the sale terms released the Plaintiff from company debts; therefore the counterclaim was dismissed.