JUDGMENT

Low Hop Bing JCA:

Appeal

[1] This appeal by the appellant ("the defendant") is directed against the decision of the learned High Court judge who had allowed the respondent's ("the plaintiff's") claim for the sum of RM2,927,621.70 with interest against the defendant, and dismissed the defendant's counterclaim for RM2 million, with costs (collectively "the entire judgment").

[2] On 23 January 2009, we dismissed the appeal and affirmed the entire judgment of the Court below. Our grounds now follow.

Submission Of No Case To Answer

[3] The first issue, raised by plaintiff's learned counsel Mr Tharmaiden Singh (Mr Wong Guo Lun with him), is a question of law. It concerns the legal implications of the defendant's submission of no case to answer, coupled with the intention not to call witnesses. It was submitted that, in the circumstances, all evidence adduced in the plaintiff's case must be presumed to be correct, on the basis of Wasakah Singh v. Bachan Singh [1931] 1 MC 125; Jaafar Shaari & Anor (suing as administrators of the Estate of Shofiah Ahmad, deceased) v. Tan Lip Eng & Anor, [1997] 3 MLJ 693; and Subry bin Hamid v. Husaini bin Tan Sri Ikhwan & Anor, [2006] 6 MLJ 229 CA .

[4]