29 May 2020
1. TRAJAN MANAGEMENT SERVICE GMBH 2. TRAJAN COMMODITIES SRL 3. TRAJAN BULGARIA LTD TRIZON ENTERPRISE SDN BHD
- Citation
- 22NCC-71-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCC-71-09/2018 (Mahkamah Tinggi)
Court found on balance of probabilities that (1) 1st plaintiff proved delivery and entitlement to RM4,592.34 because defendant received goods and failed to call material witness (Ng/Kenny) giving rise to adverse inference under s.114(g); (2) 2nd plaintiff proved deliveries but inconsistencies in invoices required reducing the claim to RM1,005,177.14 as supported by contemporaneous invoices; (3) 3rd plaintiff failed to prove entitlement because invoices either addressed to a third party or were inconsistent and plaintiff sued wrong party; ancillary claims for demurrage, MAQIS reimbursements an…