GERARD JUDE TIMOTHY PEREIRA vs KASI KL PALANIAPPAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 1635

HIGH WCOURT MALAYA KUALA LUMPUR
GERARD JUDE TIMOTHY PEREIRA – Appellant
Versus
KASI KL PALANIAPPAN – Respondent

Petitioner Advocates:Kamaleswari Shanmugam Chettier ,Respondent Advocate: CT Siew

Table of Content
1. nature of payments and allegations of a loan. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments regarding silence as an admission. (Para 9 , 10 , 11 , 12 , 18 , 22)
3. court's evaluation of burden of proof. (Para 19 , 20 , 21 , 27 , 31 , 34)
4. court's final findings on the burden of proof and dismissal. (Para 46 , 47 , 49)

Azizul Azmi Adnan JC:

Introduction

[1] The plaintiff, Gerard Pereira, sought the return of the sum of RM2,670,000 from the defendant, Dato' Kasi Palaniappan, which sum the plaintiff alleged was paid as part of the friendly loan to the defendant.

[2] It was never in dispute that the sum of RM2,670,000 was received by the defendant from the plaintiff. The defendant however argued that the sum was not in fact paid as part of a loan from the plaintiff to the defendant, but was instead part of a financial arrangement, the details of which will be described further, post.

[3] The crux of this case was therefore the issue of the nature of the payments made to defendant.

Salient Facts

[4] The parties were once friends, and together held shares in a number of joint venture companies. They had a falling out, and entered into a settlement agreement on 10 August 2009 (

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2015 MarsdenLR 1635

HIGH WCOURT MALAYA KUALA LUMPURGERARD JUDE TIMOTHY PEREIRA – AppellantVersusKASI KL PALANIAPPAN – Respondent

Cases Referred (3)

HIGH WCOURT MALAYA KUALA LUMPUR
GERARD JUDE TIMOTHY PEREIRA – Appellant
Versus
KASI KL PALANIAPPAN – Respondent