PIONEER CONGLOMERATE SDN BHD vs TENGGARA KAPITAL SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 1571

COURT OF APPEAL PUTRAJAYA
PIONEER CONGLOMERATE SDN BHD – Appellant
Versus
TENGGARA KAPITAL SDN BHD – Respondent

Petitioner Advocates:Rajakumaran Muthusamy ,Respondent Advocate: Yeoh Tze Hwa,Tay Shieh Chin,Eugene Khoo Yean Shern

Table of Content
1. loan vs. commission (Para 2 , 3 , 4)
2. defendant's defense (Para 5 , 6 , 11)
3. trial court's findings (Para 8 , 9 , 10 , 12 , 14)
4. burden of proof (Para 15 , 16 , 17)
5. admissibility of evidence (Para 18 , 19 , 20)
6. documentary evidence (Para 21 , 22 , 23)
7. allegations of forgery (Para 28 , 29 , 30)
8. appellate court's decision (Para 35 , 36 , 38)

Gunalan Muniandy JCA:

Introduction

[1] This is an appeal against the decision of the learned Judge of the High Court ['LJ'] given after conducting a full trial. It is against the decision of the LJ wherein the Appellant's claim against the Respondent was dismissed with costs of RM50,000.00. Both parties to the suit were private limited companies engaged in the business of investment holdings (Plaintiff) and wholesale of an assortment of goods (Defendant) respectively.

Factual Background

[2] The Appellant's claim is that at the request of the Respondent, the Appellant had given an interest-free loan to the Respondent in the amount of RM7,000,000.00. The said sum was paid to the Respondent in the following manner:

(i) RM5,000,000.00 was paid via the Appellant's cheque No 000055 on 3 November 2017; and

(ii) RM2,000,000.00 was

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2023 MarsdenLR 1571

COURT OF APPEAL PUTRAJAYAPIONEER CONGLOMERATE SDN BHD – AppellantVersusTENGGARA KAPITAL SDN BHD – Respondent

Cases Referred (7)

COURT OF APPEAL PUTRAJAYA
PIONEER CONGLOMERATE SDN BHD – Appellant
Versus
TENGGARA KAPITAL SDN BHD – Respondent