28 Feb 2025
NORLIDA BINTI BAHARUDIN NOR AINI BINTI MAHMOOD ZOHDY
- Citation
- WA-12BNCC-20-07/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCC-20-07/2024 (Mahkamah Tinggi)
The appeal was allowed because the appellant adduced sufficient contemporaneous evidence (respondent's pleaded admission, whiteboard note, draft settlement agreement drafted on respondent's instructions, video admissions, and partial repayment) to shift the evidential burden to the respondent, who failed to discharge it; the Session Court erred by dismissing the claim for lack of direct proof of payments and by failing properly to assess the evidence.