Malaysia Case Law: Decisions & Judgments

Topic

Burden of proof (evidence act 1950)

Legal area

Court

16 May 2024

ATD SOLUTION (M) SDN BHD 1. ) KEMENTERIAN PENDIDIKAN MALAYSIA 2. ) Kerajaan Malaysia

Citation

WA-21NCvC-108-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-108-10/2022 (Mahkamah Tinggi)

Plaintiff's suit dismissed because plaintiff materially departed from pleaded case by admitting only partial completion after trial, failed to prove completion of Phases 3 and 4 or establish entitlement to claimed sums, failed to prove inability to deliver hardcopy due to Covid-19 measures or defendant delay, quantum meruit relief was not pleaded and is unavailable given contractual framework and uncompleted work was of no use to defendant, and LAD refund claim failed because breach pre-dated Covid-19 Act protections; costs awarded to defendants RM40,000.
23 Dec 2022

MOHAMED SHAFIE BIN PAKIRI MAMMAL (Sebagai Pentadbir Harta Pusaka Shaharom Banun Binti Che Mat Din, SiMati) MOHD ISMAIL BIN CHE MAT DIN

Citation

BA-22NCvC-42-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-42-01/2022 (Mahkamah Tinggi)

On the balance of probabilities the court found the deceased paid RM180,000 toward the purchase of a half share, the handwritten letter of 1-5-2008 (Exhibit D6) and corroborating witness evidence established the deceased's contribution and intention to acquire half the property; the defendant failed to prove the sum was a personal loan or to rebut the presumption of resulting trust; rental proceeds paid to the deceased evidenced beneficial enjoyment; accordingly defendant holds 1/2 share on resulting trust for the deceased and plaintiff (as administrator) is entitled to declarations and trans…

Malaysia Case Law

ATD SOLUTION (M) SDN BHD 1. ) KEMENTERIAN PENDIDIKAN MALAYSIA 2. ) Kerajaan Malaysia

MOHAMED SHAFIE BIN PAKIRI MAMMAL (Sebagai Pentadbir Harta Pusaka Shaharom Banun Binti Che Mat Din, SiMati) MOHD ISMAIL BIN CHE MAT DIN