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

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

Section 55, 57 & 73 Bills of Exchange Act 1949

Judges (1)

Gan Techiong Delivered

Parties (2)

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

Case Significance

THANABALAN A/L CHATAPAN v ARNOLD ANDREW A/L P. ANTHONY MUTHU is a High Court (Mahkamah Tinggi) decision dated April 9, 2025 (citation: wa-22ncvc-745-12-2024). The case was decided by Gan Techiong.

What was the outcome of THANABALAN A/L CHATAPAN v ARNOLD ANDREW A/L P. ANTHONY MUTHU?

THANABALAN A/L CHATAPAN v ARNOLD ANDREW A/L P. ANTHONY MUTHU is a High Court decision dated April 9, 2025. The case was heard by Gan Techiong. See the full judgment for details.