ORG VS SDN BHD v ZHOU JIANMEI

wa-11bncvc-24-06-2025 High Court (Mahkamah Tinggi) 17 December 2025 • WA-11BNCvC-24-06/2025 • 22 min read
4 cases cited (0 SG, 4 foreign)

Catchwords

Civil Appeal — Appeal against decision of Magistrates’ Court — Findings of fact — Inconsistency between findings on agency/estoppel and final judgment — Whether judgment against the weight of evidence — Error of law Agency — Implied and ostensible authority — Agent appointed to manage property — Authority to negotiate rental variations — Sections 140 and 141, Contracts Act 1950 — Principal’s acceptance of reduced rental payments for three years — Acquiescence — Estoppel by representation — Sri Kelangkota-Rakan Engineering JV Sdn Bhd v Arab-Malaysian Prima Realty Sdn Bhd applied Evidence — Admissibility of computer-generated documents — Section 90A, Evidence Act 1950 — Document produced by computer in the course of ordinary use — Maker of document present and testifying to its accuracy — Requirement of certificate under subsection (2) rendered redundant — PP v Azilah Hadri & Anor applied Damages — Burden of proof — Claim for repair costs — Invoice not formally tendered or admitted in evidence — Maker of invoice not called as witness — Failure to discharge onus of proof — Award of damages set aside

Practice Areas

Evidence Damages

Judges (1)

Moh Kok Wai Delivered

Counsel (5)

C. P. Ang & Co Firm JW Yeoh & Fenn Firm Ang Khoon Cheong Counsel Appellant Ch'ng Gin Yee Counsel Appellant Yeoh Jit Wei Counsel Respondent

Parties (2)

ORG VS Sdn Bhd Appellant Zhou Jianmei Respondent

Statutes Cited

Contracts Act 1950 (Cap 136)
Evidence Act 1950 (Cap 56)
s 5 s 90A

Cases Cited (4)

UK (1)
[1964] 2 QB 480
MY (3)
[1997] 4 CLJ 6 [2003] 3 CLJ 349 [2015] 1 CLJ 579

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-11bncvc-24-06-2025)