5 Feb 2024
Huat Hing Rubberwood Sdn. Bhd. Goodnite Sdn. Bhd.
- Citation
- WA-22NCC-293-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-293-07/2021 (Mahkamah Tinggi)
On the balance of probabilities the Plaintiff failed to prove a legally enforceable loan between the companies because contemporaneous documents and accounting records show the payments were advance proceeds for a share purchase and personal advances to Dato' Chew, there was no corporate formalisation or accounting recognition by the Plaintiff, and the Plaintiff's oral testimony and prolonged silence/delay in demanding repayment are insufficient to displace the documentary evidence.