7 May 2025
PUBLIC BANK BHD 1. ) SEE SWEE KEAT 2. ) HENG SAU WAH
- Citation
- WA-12BNCvC-93-08/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-93-08/2024 (Mahkamah Tinggi)
On the evidence the Plaintiffs failed to prove the fixed deposit sums remained outstanding: the subject receipts had been renewed and replaced, the Plaintiffs did not possess originals or produce current account statements, record-retention rules and JAN enquiries undermined the Plaintiffs' case, and an adverse inference under s114(g) Evidence Act 1950 was warranted; accordingly the Sessions Court judgment was set aside and the appeal allowed.