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COURT OF APPEAL (PUTRAJAYA)
LIM YEE LAN, J, VARGHESE GEORGE, J, IDRUS HARUN, JJCA
Gerard Jude Timothy Pereira – Appellant
Versus
Kasi al KL Palaniappan – Respondent
| Table of Content |
|---|
| 1. claim for friendly loan failing due to lack of evidence. (Para 3 , 4 , 5 , 6 , 7) |
| 2. high court's dismissal based on evidential insufficiency. (Para 8 , 9) |
| 3. appellate court scrutiny of trial judge's findings. (Para 13 , 14 , 17 , 18 , 19 , 24 , 26 , 30) |
| 4. failure to respond to demand letters can imply acknowledgment. (Para 35 , 36 , 39 , 50 , 51) |
| 5. settlement agreement's relevance to friendly loan claim. (Para 52 , 53 , 54 , 57) |
| 6. appeal granted with ordered costs. (Para 58) |
INTRODUCTION
[1]This is the appellant’s appeal against the decision of the Kuala Lumpur High Court dated 14 April 2015 in dismissing the appellant’s claim against the respondent.
[2]The appellant was the plaintiff and the respondent was the defendant at the High Court. In this judgment, we will refer to the parties as they were in the High Court.
BRIEF FACTS
[3]The plaintiff’s claim at the High Court was for the return of a sum of RM2.67m given by him to the defendant as personal loans.
[4]The plaintiff’s pleaded case was that the said sum was effected under various payments made through telegraphic transfers between the years 2008 and 2009 (‘friendly loan’).
[5]The plaintiff sent tw
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