21 Feb 2023
Rajiswary A/P Nadarajah GURVINDER SINGH A/L JANGIR SINGH
- Citation
- BL-12B-8-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12B-8-07/2022 (Mahkamah Tinggi)
The appeal is dismissed because the High Court found no error in the Sessions Court's factual findings: on the balance of probabilities the respondent proved that D2 misrepresented ownership and that there was a conspiracy between D1 and D2 causing the respondent's loss; res judicata and estoppel did not apply because the MTSA proceedings were for recovery of the loan and did not involve or decide the fraud/conspiracy issues; the trial judge's credibility and demeanour findings are entitled to deference and the appellant did not come to court with clean hands.