17 Feb 2023
PIONEER CONGLOMERATE SDN. BHD. LIVE CAPITAL SDN. BHD.
- Citation
- W-02(NCC)(W)-2141-11/2021 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(W)-2141-11/2021 (Mahkamah Rayuan)
Because the Appellant produced the original payment vouchers which DW2 admitted signing and produced contemporaneous documentary evidence (cheques, ledger), the evidential burden shifted to the Respondent to prove forgery/tampering; the Respondent failed to adduce credible evidence or contemporaneous accounts to rebut the vouchers; consequently the court concluded the payments were advances and entered judgment for RM7,000,000 with 5% p.a. interest from date of writ, set aside the High Court decision and awarded costs to the Appellant.