9 Dec 2022
Dali Bin Hashim 1. ) ABDUL HALIM BIN MOHD NOOR 2. ) TETUAN CHUAH HALIM & CO 3. ) AHMAD ZAKI BIN BAKAR 4. ) BANK ISLAM MALAYSIA BERHAD
- Citation
- PA-22NCvC-3-01/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-3-01/2018 (Mahkamah Tinggi)
The plaintiff's claim was time-barred under the Limitation Act because the deceased could and should have discovered the alleged fraud no later than the date of the mortgage default notice in 2005; res judicata did not apply because the earlier judgment concerned a different lot; defendant 2 (the law firm) was not liable for defendant 1's personal acts given the partnership evidence and prior orders; the plaintiff failed to prove fraud on the balance of probabilities and handwriting expert opinion was not conclusive against credible testimony; therefore the plaintiff's claim was dismissed wit…