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2023 MarsdenLR 810

HIGH COURT MALAYA KUALA LUMPUR
CHOOI LOO SEE – Appellant
Versus
PNSG HOLDING SDN BHD & ANOR – Respondent


Petitioner Advocates:Shahman Sangaran,Cheryl Leong ,Respondent Advocate: Ramesh Sivakumar,Narendran Letchiemanan,Calvin Lim Sin Quan

Table of Content
1. burden of proof lies with the claimant to establish contracts. (Para 29 , 34 , 44)
2. silence or failure to respond does not automatically indicate admission of liability. (Para 70 , 74)
3. courts must analyze silence in business communications carefully. (Para 79 , 81)

[15] According to the Plaintiff, at that time he was not agreeable to the request for further extension. The Plaintiff claimed that in order to induce the Plaintiff to accept the further extension, the 2nd Defendant and 3rd Defendant had orally given their personal guarantee that they would jointly and severally assume the liability to pay the Plaintiff in the event the 1st Defendant were to default in respect of the payment of the Purchase Price.

[16] The Plaintiff further claimed that he had relied on the aforesaid oral guarantee by the 2nd Defendant and 3rd Defendant when he agreed to the second extension of time for the 1st Defendant to pay the Purchase Price by 31 August 2020.

[17] However, the Second Batch of Post-Dated Cheques were not replaced immediately. No explanation was given at the trial for the delay. In fact, the 1st Defendant only issued and forwarded 2 new post-dated cheques both date

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