2011 MarsdenLR 31

GUNALAN MUNIANDY
CIMB BANK BERHAD – Appellant
Versus
NG LEE LIAN & ANOR – Respondent

The plaintiff must establish their claim on a balance of probabilities; failure to provide sufficient evidence leads to dismissal of claims and counterclaims.

Headnote:(A) Evidence Act, 1950 - Section 32 - Limitation Act, 1953 - Section 6(1) and Section 21(1) - Term loan agreements - Plaintiff bank filed for recovery against defendants for alleged non-payment of loans - Defendants counter-claimed for discharge of charge, damages for breach of contract, and malicious prosecution - Court found that the plaintiff failed to prove claims on balance of probabilities due to reliance on insufficient evidence from an uninformed witness. (Paras 28, 29, 30, 31, 32, 33)

(B) Burden of Proof - In a civil trial, the plaintiff has the onus to prove their case on a balance of probabilities, failing which the claims must be dismissed, irrespective of the defendant's counterclaims. (Paras 28, 29)

(C) Fraud Allegations - Evidence indicated potential fraud by the plaintiff's employees regarding the loan accounts but was not sufficiently rebutted by plaintiff’s evidence, leading to adverse inference drawn against it. (Paras 12, 21, 26)

(D) Statute Barred Claims - The court determined that the suits were not time-barred and were within the applicable limitation period. (Paras 24, 25) (E) Counter-claims - Court dismissed claims for damages due to lack of proof and particulars. (Paras 30, 32)