Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Rebuttable presumption
  • 7 Mar 2023

    O L I R A N

    Citation
    WA-24F-46-02/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24F-46-02/2022 (Mahkamah Tinggi)

    The court granted the mother sole guardianship, custody, care and control because the welfare of the child (tender years) favoured the mother and the Respondent failed to rebut the s88(3) presumption; the parties' acrimonious relationship and the Respondent's unilateral removal of the child and refusal to comply with court orders meant co-parenting was not viable and would harm the child's welfare. The Respondent was nevertheless granted limited supervised access (daily online and alternate weekends supervised in public) due to the child's right to a relationship with both parents but with re…

  • 27 Jan 2022

    PALING KEKAL SDN BHD (NO. SYARIKAT: 383254-V) TENAGA NASIONAL BERHAD (NO. SYARIKAT: 200866-W)

    Citation
    JB-12BNCC-1-01/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-12BNCC-1-01/2020 (Mahkamah Tinggi)

    Plaintiff proved on the balance of probabilities that the meter installation had been tampered with (missing seals, bypass wiring, photographic and inspection evidence) and established loss recoverable by backbilling; the evidential burden then shifted to the defendant under s.103 Evidence Act to discharge its special defenses (e.g. freezer cessation) which it failed to do; no demonstrable error in the trial judge's fact findings — appeal dismissed.