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HIGH COURT MALAYA KUALA LUMPUR
SOLSIS (M) SDN BHD – Appellant
Versus
KENNY WOO BNG TAT & ANOR – Respondent
| Table of Content |
|---|
| 1. existence of contracts and agreements is central to the plaintiff's case. (Para 1 , 9 , 10) |
| 2. overview of the civil trial process and complexity of submissions of no case to answer. (Para 2) |
| 3. defendants argue the absence of genuine transactions. (Para 4) |
| 4. burden of proof rests with the plaintiff to establish a prima facie case. (Para 5 , 6) |
| 5. details of the agreements and guarantees involved, establishing the context of the plaintiff's claims. (Para 7 , 12) |
[1] This was an action brought by the Plaintiff against the Defendants in their capacity as guarantors for the financial obligations of a company by the name of Facilipack Industries Sdn Bhd ("Facilipack").
[2] This action proceeded to trial and the Plaintiffs case was heard over a period of two days through the testimonies of four witnesses.
[3] Upon the close of the Plaintiffs case the Defendants, through learned counsel, sought to make a submission of no case to answer.
Submission Of No Case To Answer
[4] When, in a civil or commercial trial and after the Plaintiffs case is closed, the defendant seeks to submit that he has no case to answer, the efficacy of the Courts process is put in an awkward position.
[5]
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