12 Aug 2024
Worldwide Platinum Records Sdn. Bhd. TAN SEW CHENG
- Citation
- B-02(NCvC)(W)-369-03/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- B-02(NCvC)(W)-369-03/2023 (Mahkamah Rayuan)
The dissent concluded that because the defendant elected to submit no case to answer the court was bound to assume the plaintiff's evidence true; the defendant had judicially admitted the existence and contents of undertakings; documentary evidence was undisputed; the trial judge erred by testing plaintiff's case against unled defences and reliance on unsatisfactory cross-examination answers; on the balance of probabilities the plaintiff proved a prima facie case and the High Court decision dismissing the claim must be set aside and judgment entered for the plaintiff with costs.