Prem Shivani Sdn Bhd v 1. ) PARVATHY A/P SUBRAMANIAM 2. ) VASANTHI A/P RAMAN

bl-11bncvc-4-03-2025 High Court (Mahkamah Tinggi) 9 October 2025 • BL-11BNCvC-4-03/2025

Catchwords

Civil appeal - appeal against the decision of the Magistrate in allowing the Plaintiffs’ claim against the Defendant. Contract - the intentions of the parties are to be gathered from the language used in the agreement - unless the Defendant can prove on the balance of probabilities that she did not receive the money, the court is entitled to make an inference from the wordings in the SPA that the purchase price was fully paid by the Deceased on the date the SPA was signed. Evidence - the Defendant should not be allowed to blow hot and cold in the same breath - on the one hand she denies receiving the money and yet she avers the money was for a loan - it is trite that a party taking such approbating and reprobating position is not permitted.

Practice Areas

Civil Procedure Contract Evidence

Judges (1)

Shamsulbahri bin Haji Ibrahim Delivered

Parties (3)

Prem Shivani Sdn Bhd Appellant Parvathy a/p Subramaniam Respondent Vasanthi a/p Raman Respondent

Judgment

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Source: eJudgment (bl-11bncvc-4-03-2025)