8 Oct 2019
NANYO ENGINEERING (MALAYSIA) SDN BHD PETROMIGAS SDN BHD
- Citation
- 12BNCC-38-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 12BNCC-38-10/2018 (Mahkamah Tinggi)
The Appellant failed to prove on the balance of probabilities that a loan existed or that Johan had actual or ostensible authority to bind the Defendant; failure to call Johan and to plead his role was fatal; contemporaneous audited accounts contradicted the Appellant's oral case; Section 66 was inapplicable. Accordingly the trial finding dismissing the claim was upheld and the cross-appeal on costs was allowed to increase the costs to RM15,000.