Christopher Shun Kong Leng v 1. ) Loo Kon Fah 2. ) Mohammad Danial Bin Mohizan
Catchwords
Civil Procedure — Trial — Absence of defendant — Adverse inference — Failure to enter appearance or attend trial — Effect on evidential assessment. Evidence — Forgery — Standard of proof — Civil standard — Balance of probabilities — Direct testimony, visual comparison, circumstantial evidence — Evidence Act 1950 ss 45, 47, 73. Evidence — Signature — Comparison by court — Section 73 Evidence Act 1950 — Court’s power to compare disputed and genuine signatures — Absence of expert handwriting evidence not fatal. Land Law — Transfer of land — Memorandum of transfer — Forged signature — Fraudulent sale and purchase agreement — National Land Code 1965 s 211, Fifth Schedule para 1(9). Fraud — Forged documents — Sale and purchase agreement and memorandum of transfer — Plaintiff absent from jurisdiction at material time — Fraudulent attempt to divest land. Remedies — Declaratory relief — Damages — Special, general, aggravated, exemplary damages — Consent judgment against solicitor — Settlement without admission of liability. Property Law — Caveat — Registrar’s caveat — Private caveat — Prevention of fraudulent registration — Proprietary interest safeguarded. Professional Conduct — Advocate and solicitor — Attestation of signature never executed — Settlement by consent judgment — No admission of liability.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-395-06-2024)