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2024 MarsdenLR 724

HIGH COURT MALAYA SHAH ALAM
OOI TSE BING & ANOR – Appellant
Versus
KHOR BOON HONG – Respondent


Petitioner Advocates:Letchiemanan Sithmaparam ,Respondent Advocate: Kevindran Aurasu

JUDGMENT

Choong Yeow Choy JC:

Introduction

[1] The individuals at the centre of this appeal were formerly bound by a strong friendship. As often occurs in such close relationships, lines between personal and business affairs became blurred. The once unbreakable bond between them abruptly shattered when one party initiated legal action in the Sessions Court, claiming repayment of funds purportedly lent to the other under the guise of a friendly loan. Not to be outmatched, the opposing party responded by filing a counterclaim against the initial claimant.

[2] The learned Sessions Court Judge allowed part of the Plaintiff's main claim but dismissed the Defendants' counterclaim.

[3] This is an appeal by the Appellants/Defendants against the decision of the learned Sessions Court Judge dated 17 November, 2023 that allowed part of the Respondent/Plaintiff's main claim. The Appellants/Defendants are not appealing against the decision that dismissed their counterclaim. Nor is the Respondent/Plaintiff cross- appealing against the decision of the learned Sessions Court Judge.

The Core Issue

[4] The key issue in this appeal is whether the learned Sessions Court Judge had erred in law and/or in fact


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