MANIVANAN A/L KUPPUSAMY v DATUK GANESAN A/L SUBRAMANIAM

wa-12bncvc-37-03-2024 High Court (Mahkamah Tinggi) 12 November 2024 • WA-12BNCvC-37-03/2024

Catchwords

Interpretation of a financial transaction as a loan or investment. The defendant appealed against a decision of Sessions Court in allowing the plaintiff's claim for repayment of RM450,000.00 under a Deed of Settlement. Appeal dismissed. The transaction was for a loan based on partial repayment and the absence of investment agreements. Defendant gave inconsistent testimony. Significance of contemporaneous documents over witness recollections. Inference of indebtedness from partial payments. Weight accorded by trial court on credibility assessments not to be disturbed.

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

Datuk Ganesan a/l Subramaniam Respondent Manivanan a/l Kuppusamy Appellant

Judgment

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Source: eJudgment (wa-12bncvc-37-03-2024)