in the court of appeal malaysia (appellate jurisdiction)

The “Report on Verifications of Stock Loss and Advances from Ngiu
Kee” confirmed and reported that in the accounts of the Company the sum of
RM2,921,157.21 out of the alleged sum of RM3,782,523.65 was accounted
for leaving only the difference of RM861,366.35 unverified. As can be seen
this unverified difference was explained at the Board of Directors’ meeting
of the Company held on 10.11.2005 (pp. 1315 - 1318 of the Record of
Appeal Vol. 5).
Though this piece of evidence was adduced during the trial by Mr.
Liew, the petitioner did not make any issue on this reconciliation during the
trial. The petitioner did not cross-examine Mr. Liew on this explanation of
reconciliation. For that reason, learned counsel for the respondents
submitted that the petitioner had regarded it as non issue and that difference,
i.e., the unverified amount of RM861,000.00 had been reconciled.
said:
The learned judge in his judgment in respect of this reconciliation
“… The report was of the view that of the alleged RM3.78
million loan, the sum of RM861,366.35 was not supported by
any verifiable documents. But it was recorded in the minutes
of the Company’s board meeting held on 10 November 2005
that Liew Tuck Wah, the area manager of the Company, “had
furnished all the documentation to Ernst & Young to provide
him with a written confirmation that the amount of
RM861,000/- had been reconciled in the year 2004”. When
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