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2017 MarsdenLR 512

COURT OF APPEAL PUTRAJAYA
LEE CHEE KEONG – Appellant
Versus
FADASON HOLDINGS SDN BHD & OTHER APPEALS – Respondent


Table of Content
1. nature of appeals and retrial mechanics. (Para 1 , 2)
2. court's findings on fraud claims. (Para 3 , 20 , 21 , 22)
3. details of agreements and allegations. (Para 4 , 11)
4. details of transactions and claims arising from sale agreements. (Para 5 , 12)
5. principles of payment and authroity. (Para 13 , 15 , 16 , 34)
6. court's error in requiring corroborative evidence for claims. (Para 19)

[1] These four appeals arose from four suits which were retried together before the same learned Judicial Commissioner following a successful appeal to the Court of Appeal by the respondent. The Court of Appeal had ordered the retrials upon finding that the approach taken by the learned judge in the first trial was erroneous. The learned judge had heard the first of four cases and had used her decision in that first decision as a test case to bind the remaining three cases. The Court of Appeal disagreed with that approach holding that each case had to be tried separately and consecutively. Hence, the retrials.

[2] The learned JC had proceeded accordingly with the trials. Each plaintiff led his/their case followed by the defendant in response to all four claims since the evidence adduc

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