Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Non-payment

Legal area

Court

29 Oct 2024

EXCEL WOOD ENTERPRISE 1. ) T-FLOORING PRODUCTS SDN BHD 2. ) THONG CHEE HONG

Citation

DA-A52-11-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A52-11-06/2023 (Mahkamah Sesyen)

On the balance of probabilities the court found Plaintiff proved delivery of goods and that Defendants failed to pay sums due; payments relied on by Defendants related to other transactions or were partial; evidence of mismatched cheque signatures, contradictory testimony and post-filing creation of signed purchase notes by the 2nd Defendant justified piercing the corporate veil and holding the 2nd Defendant liable for the outstanding debt of RM174,633.96.
1 Jan 1900

Hubei Wanhe Food Co. Ltd GUAN HIANG MARKETING SDN BHD

Citation

A52NCVC-85-02/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

A52NCVC-85-02/2020 (Mahkamah Sesyen)

Plaintiff failed to prove its claim on a balance of probabilities because key contemporaneous contractual and export documents were not properly produced or proven, the draft Bill of Lading and other ID documents were inadmissible without their makers or proper proof, and adverse inferences were warranted under s114(g) for non-production of material evidence and witnesses; defendant's evidence of unmerchantable goods and prior dispute was accepted, therefore plaintiff's claim for USD53,266.50 was dismissed.