NG KIAN TEK v NG HUI JOO

ma-11b-13-10-2025 High Court (Mahkamah Tinggi) 4 May 2026 • MA-11B-13-10/2025

Catchwords

CIVIL APPEAL NO.: MA-11B-13-10/2025 Keywords Ng Kian Tek v. Ng Hui Joo Partnership — Partner’s drawings — Unauthorised withdrawal — Cash cheques — Whether prior consent required — Course of dealing — Implied authority — Limits of implied consent — Substantial withdrawals without disclosure Partnership — Duty to account — Section 30 Partnership Act 1961 — Strict statutory duty — Failure to render true accounts — Whether breach automatically entitles restitution Partnership — Books and records — Right of access — Section 24(9) Partnership Act 1961 — Control of financial documents by one partner — Non-disclosure Partnership — Equal shareholding — 50:50 partnership — Disparity in drawings — Whether relevant in claim for recovery of specific sum — Distinction between account and restitution Evidence — Circumstantial evidence — Bank statements — Loan account — Ledger entries — Whether probative of authority — Cash withdrawals — Tracing — Absence of direct banking evidence — Adverse inference — Section 114(g) Evidence Act 1950 Civil procedure — Appeal — Findings of fact — Appellate restraint — When appellate court may interfere — Gan Yook Chin principle Restitution — Unjust enrichment — Whether repayment of withdrawn sum warranted — Benefit received by claimant — Equitable set-off — Money applied to discharge debt connected with claimant’s asset Equity — Equitable considerations — Benefit to estate property — Discharge of charge — Whether restitution would result in unjust enrichment Remedies — Claim limited to specific sum — No claim for account or dissolution — Appropriate relief in partnership disputes Land law — Charged property — Loan repayment — Discharge of charge — Transfer of property to beneficiary — Relevance to partnership dispute Credibility — Oral testimony — Notes of proceedings — Evaluation of witnesses — Documentary consistency vs oral denial

Practice Areas

Partnership Evidence Restitution Remedies Land law

Judges (1)

Raja Segaran a/l S.krishnan Delivered

Parties (2)

Ng Hui Joo Respondent Ng Kian Tek Appellant

Judgment

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Read on eJudgment

Source: eJudgment (ma-11b-13-10-2025)