16 Jul 2021
YEE PLANTATION SDN BHD (CO. NO.: 452445-D) LIEW SUAT LING (NRIC NO.: 670527-07-5192)
- Citation
- WA-22NCC-174-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-174-04/2019 (Mahkamah Tinggi)
The court accepted contemporaneous corporate records and unchallenged testimony of the company secretary that the 500,000 shares were treated and filed as fully paid in Form 24 and audited accounts from 2011; the Plaintiff failed to prove on the balance of probabilities that the shares were unpaid; absence of critical witness (Chin Yoke Chun) attracts adverse inference against the Plaintiff; the 2019 repayments were not credible evidence of an original loan and s75(6) CA 2016 is irrelevant to the lien claim; accordingly the Plaintiff’s claim was dismissed.