NORLIDA BINTI BAHARUDIN v NOR AINI BINTI MAHMOOD ZOHDY

wa-12bncc-20-07-2024 High Court (Mahkamah Tinggi) 27 February 2025 • WA-12BNCC-20-07/2024 • 13 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

Appellant could rely on other evidence to support the existence of a trust - It is trite that once a party to litigation has admitted a fact in his pleadings, he shall not be heard to content to the contrary at the trial - The Note is also another admission by the Respondent that the Investments belong to the Appellant - In the Draft Settlement Agreement, the Respondent also admitted that the Appellant had, inter alia, made investments and or purchased shares in ASNB, Public Mutual and FELDA, using the Respondent’s name - during cross-examination, the Respondent had admitted that vide the video recording, the shares in ASNB belong to the Appellant and the Respondent would return the shares in Public Mutual and FELDA to the Appellant upon the Appellant’s request - The law is trite that as the Appellant has discharged her burden of proof, the onus has shifted to the Respondent to disprove the Appellant’s claims- Respondent had wholly failed to meet her evidential burden - Court allowed the Appellant’s appeal with costs.

Judges (1)

Ong Chee Kwan Delivered

Counsel (8)

Akberdin & Co Firm Rizal & Co Firm Ahmad Redza bin Akberdin Counsel Appellant Akberdin bin Abdul Kader Counsel Appellant Fatin Izyan binti Mazlan Counsel Appellant Hafiz Aiman bin Badrisham Counsel Appellant Iffatul Amani binti Muhamad Zahir Counsel Respondent Muhammad Amir bin Anuar Counsel Respondent

Parties (2)

Nor Aini binti Mahmood Zohdy Respondent Norlida binti Baharudin Appellant

Case Significance

NORLIDA BINTI BAHARUDIN v NOR AINI BINTI MAHMOOD ZOHDY is a High Court (Mahkamah Tinggi) decision dated February 27, 2025 (citation: wa-12bncc-20-07-2024). The case was decided by Ong Chee Kwan.

What was the outcome of NORLIDA BINTI BAHARUDIN v NOR AINI BINTI MAHMOOD ZOHDY?

NORLIDA BINTI BAHARUDIN v NOR AINI BINTI MAHMOOD ZOHDY is a High Court decision dated February 27, 2025. The case was heard by Ong Chee Kwan. See the full judgment for details.

Cases Cited (3)

MY (3)

[1997] 4 CLJ 300 [2004] 4 CLJ 309 [2022] 2 MLJ 805

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncc-20-07-2024)