THANABALAN A/L CHATAPAN v ARNOLD ANDREW A/L P. ANTHONY MUTHU

wa-22ncvc-745-12-2024 High Court (Mahkamah Tinggi) 9 April 2025 • WA-22NCvC-745-12/2024 • 12 min read

2 cases cited (0 SG, 2 foreign)

Catchwords

Section 55, 57 & 73 Bills of Exchange Act 1949 – A cheque is a bill of exchange drawn on a banker payable on demand – Cheques issued pursuant to settlement agreement for full and final settlement of dispute – In an action based on contract, the plaintiff has to prove consideration – In an action based on a bill of exchange, consideration is presumed unless drawer of bill can prove otherwise – Defendant failed to prove no consideration – Photographs of Defendant signing Settlement Agreement and cheques precluded Defendant from extricating himself – Photographic evidence of Defendant issuing cheques sufficient for Defendant to be held as the drawer of the bills – Immaterial that the cheques were dishonoured due to signatures differing from specimen signatures – Bad faith on the part of the Defendant in deliberately signing differently on the cheques – Privity of contract – Plaintiff not a party to a subsequent agreement signed by the Defendant with others – No triable issue – Summary Judgment justified

Practice Areas

Civil Procedure

Judges (1)

Gan Techiong Delivered

Counsel (6)

Arnold Andrew & Co Firm V. Siva and Partners Firm Dalveena Jit Kaur Korotana Counsel Defendant R. Thayalan Counsel Plaintiff Sarrenya Santhakumar Counsel Defendant V Sivaparanjothi Counsel Plaintiff

Parties (2)

Arnold Andrew a/l P. Anthony Muthu Defendant Thanabalan a/l Chatapan Plaintiff

Statutes Cited

Bills of Exchange Ordinance

s 30

English Act

s 30

Rules of Court 2012

Cases Cited (2)

MY (2)

[1963] 1 MLJ 6 [1992] 1 MLJ 400

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-745-12-2024)