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2025 MarsdenLR 6220

COURT OF APPEAL (PUTRAJAYA)
LINTON ALBERT, J, MOHTARUDIN BAKI, J, ZAWAWI SALLEH, JJCA
P' ng Hun Sun – Appellant
Versus
Dato' Yip Yee Foo – Respondent


Advocates:
JJ Chan (Fazleeza bt Azli with him) (Shearn Delamore & Co) for the appellant.
Tan Hock Chuan (Cains Tan and Lee Wenxu with him) (Tan Hock Chuan & Co) for the respondent.

Zawawi Salleh JCA (delivering judgment of the court):

[1]This appeal is directed against the decision dated 22 January 2010, rendered at the Shah Alam High Court, dismissing the appellant's claim against the respondent and allowing the respondent's counterclaim against the appellant with costs, after a full blown trial.

[2]We have heard learned counsel appearing for both parties and have carefully perused the record of appeals available before us. In our view, the impugned decision does not suffer from any patent legal infirmity or error to warrant appellate interference. The appeal is accordingly dismissed with cost fixed at RM30,000 and we make further order for the deposit to be refunded.

FACTS OF THE CASE

[3]The essential facts of the case can be briefly stated thus: The genesis of the dispute may be traced back to the event which occurred sometime in June or July 1997, when the appellant was introduced by the respondent by a mutual friend known as Jeffrey Tan (the second respondent in the counterclaim). It was the contention of the appellant that he had given a friendly loan of RM6,500,000 to the respondent on 29 July 1997, at the respondent's request. It was further contention of

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