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FEDERAL COURT PUTRAJAYA
VEHENG GLOBAL TRADES SDN BHD – Appellant
Versus
AMGENERAL INSURANCE BERHAD & ANOR AND ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. details on the appeals involving the same appellant and respondents. (Para 1 , 2 , 3) |
| 2. discussion on the right to salvage and its implications on liability. (Para 4 , 12 , 14) |
| 3. discussion on the standard of proof for fraud in civil cases. (Para 8 , 10 , 11) |
| 4. issue regarding the standard of proof for fraud in civil cases. (Para 13) |
| 5. the appellate court's authority to intervene in findings of fraud. (Para 19 , 20 , 21 , 28 , 30) |
| 6. clarification of consequences pertaining to fraudulent claims. (Para 34) |
| 7. impact of fraudulent or exaggerated claims under contract law. (Para 35) |
[1] These are two appeals before us, namely Civil Appeal No: 02(f)-36-05- 2018(B) (Appeal No 36) and Civil Appeal No: 02(f)-37-05-2018(B) (Appeal No 37). Both appeals involve the same appellant, Veheng Global Traders Sdn Bhd (the Insured) and the same respondents, AmGeneral Insurance Berhad and Sun Life Malaysia Takaful Berhad (the Insurers). Both appeals are against the decisions of the Court of Appeal given on the 19 December 2017.
[2] Appeal No 36 relates to the decision of the Court of Appeal on the issue of liability, where the Court of Appeal ruled that the Insurers were entitled to av
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