HIGH COURT MALAYA SHAH ALAM
SHINITH PALOLATHIL – Appellant
Versus
ANURA BANDARA HERATH – Respondent
| Table of Content |
|---|
| 1. dispute regarding kitchen renovation funding (Para 1 , 2 , 3 , 4) |
| 2. core issues in appeal identified (Para 5 , 6) |
| 3. plaintiff asserts existence of agreement (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. defendant's refutation of agreement proof (Para 14 , 15 , 16 , 17) |
| 5. court's consideration of evidence and law (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. appeal dismissed, costs awarded (Para 26) |
Introduction
[1] This appeal arises from a dispute that is as personal as it is legal. It relates to the designing and funding of a kitchen renovation between two individuals once on close terms At its heart lies a simple but contested question of whether the funding of the renovation was undertaken pursuant to an oral binding agreement for reimbursement or was it a generous, perhaps impulsive, gesture made without expectation of repayment. The Appellant/Plaintiff contended that it was the former, in that he undertook the funding of the renovation at the request of the Respondent/Defendant and his wife, based on an understanding that he would be repaid. The Respondent/Defendant, on the other hand, insisted that there was no such agreement, and that if the A
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