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HIGH COURT MALAYA JOHOR BAHRU
SEE CHOO @ SEE GUAT KIOK – Appellant
Versus
JB SECURITIES SDN BHD – Respondent
| Table of Content |
|---|
| 1. plaintiff's claims arise from a contractual relationship. (Para 1 , 1 , 2) |
| 2. defendant's arguments include time barring and denial of fraud. (Para 3 , 4 , 5) |
| 3. discussion on limitation period for fraud claims. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. previous legal suit's impact on current claims. (Para 14 , 15) |
| 5. burden of proof and requirements for fraud allegations. (Para 16 , 17 , 18 , 19 , 20) |
| 6. examination of evidence and claims of fraud. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 7. high standard of proof required for fraud; claim dismissed. (Para 32 , 33 , 34 , 35 , 36) |
[1] The plaintiff ('P')'s cause of action, which arises from a contractual relationship with the defendant ('D') involving share trading, is premised on fraud as particularised in the statement of claim. The alleged fraud by D revolved around the manner in which P's share trading accounts were operated by D. The claim was broken down into various heads, each particularised in the form of individual trading names for shares of companies listed on the Kuala Lumpur Stock Exchange ('KLSE'). The various heads refer to the trading counters as set out in the statement of claim ('
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