1. ) WANA GOLD 2. ) FATHIN SYAZWANI BINTI MOHAMAD ZAKRI v 1. ) QALAM GOLD JEWELLERY (M) SDN BHD 2. ) QALAM GOLD JEWELLERY 3. ) MOHD ROZI BIN IBRAHIM

wa-22ncc-914-12-2023 High Court (Mahkamah Tinggi) 22 July 2025 • WA-22NCC-914-12/2023 • 30 min read
5 cases cited (0 SG, 5 foreign)

Catchwords

Judgment after Full-Trial – Disputes over delivery of the gold purchased under the Gold Sale and Purchase Agreement – Whether Plaintiffs were a contracting party to the contract of sale – Documentary evidence and the Defendants’ conduct show that the Plaintiffs were never parties to the Gold SPA – no evidence in support of Defendant’s contention - the evidential burden shifts to the Defendants – An adverse inference under Section 114(g) of the Evidence Act, 1950 is drawn upon failure to call the witness whom present at the “16.1.2023 Meeting“ to testify – No obligation on the Plaintiff to deliver any gold at all for the Defendants’ contract for the purchase of gold with the Distributor only – The balance of golds taken from the Plaintiffs was wrongful and amounted to a conversion of the same by the Defendants resulting in loss to the Plaintiffs. Exemplary damages have been awarded. Plaintiff’s claim is allowed.

Judges (1)

Ong Chee Kwan Delivered

Counsel (6)

Law Chambers of Vin Sa & Ian Firm Revathi & Partners Firm Darshini Devi a/p Ravindran Counsel Defendant Mohd Amierul Sharafi bin Shaharizan Counsel Plaintiff Nur Ralizah binti Rosli Counsel Plaintiff Revathi a/p Kannan Counsel Defendant

Parties (5)

QALAM GOLD JEWELLERY Sdn Bhd Defendant Fathin Syazwani binti Mohamad Zakri Plaintiff Mohd Rozi bin Ibrahim Defendant Qalam Gold Jewellery Defendant Wana Gold Plaintiff

Case Significance

1. ) WANA GOLD 2. ) FATHIN SYAZWANI BINTI MOHAMAD ZAKRI v 1. ) QALAM GOLD JEW... is a High Court (Mahkamah Tinggi) decision dated July 22, 2025 (citation: wa-22ncc-914-12-2023). The case was decided by Ong Chee Kwan.

What was the outcome of 1. ) WANA GOLD 2. ) FATHIN SYAZWANI BINTI MOHAMAD ZAKRI v 1. ) QALAM GOLD JEW...?

1. ) WANA GOLD 2. ) FATHIN SYAZWANI BINTI MOHAMAD ZAKRI v 1. ) QALAM GOLD JEW... is a High Court decision dated July 22, 2025. The case was heard by Ong Chee Kwan. See the full judgment for details.

Statutes Cited

Evidence Act
s 114(g)

Cases Cited (5)

UK (2)
[1964] AC 1129 [2001] 3 All ER 193
MY (3)
[1969] 1 MLJ 135 [2005] 5 AMR 185 [2018] 3 MLJ 184

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-914-12-2023)