In a recent decision by the Court of Appeal, defendant Tan Sui Seng, involved in a business dispute with plaintiffs Foo Suan Pau and Lai Kou Yu, has been ordered to pay BND175,300 to the plaintiffs. The case revolved around a commercial dispute stemming from their joint venture, Vehitec Company, dealing in second-hand cars and Vehitec Developer and Construction (VDC) in housing development.
The dispute centred on a payment of BND195,300 made by Tan, which he claimed was an initial payment of part of the profits owed to him. The plaintiffs, however, argued that it was a loan and that the subsequent BND20,000 payment was a partial repayment of that loan.
The court considered a deed of settlement dated April 10, 2009, where the parties agreed on the handling of funds in a bank account. However, the deed did not provide clarity on the nature of the payment made to Tan.
Additionally, Tan’s counterclaim, seeking over BND300,000 as his share of business profits and reimbursement for a dump truck, was dismissed by the trial judge, who found the plaintiffs’ case more convincing.
Chief Justice Dato Seri Paduka Steven Chong, sitting with Justices Michael Lunn and Sir Peter Gross, rejected Tan’s appeal, addressing issues regarding inaccurate notes of proceedings, reliance on the Deed of Settlement, credibility concerns, and the absence of forensic evidence for a payment voucher.
The ruling concluded with the court affirming the judgement in favour of the plaintiffs, ordering Tan to pay BND175,300 and dismissing his counterclaim. The costs of the appeal were awarded to the plaintiffs. – Fadley Faisal
