29 Sept 2023
ONG KOH HOU @ WON KOK FONG WONG CHEE MENG
- Citation
- WA-22NCC-308-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-308-07/2021 (Mahkamah Tinggi)
On the balance of probabilities the Court accepted Plaintiff's evidence and contemporaneous GNP payment records that RM3,000,000 was paid to GNP credited to the Defendant; Defendant failed to prove total failure of consideration or that the cheque was tainted; under s.30 BEA Plaintiff is presumed holder for value and s.50(2)(c)(v) dispenses notice because payment was countermanded; accordingly Defendant is liable to repay and Plaintiff's claim succeeds.