Retiree’s RM1.4mil suit against lawyer to go to trial

Court of Appeal orders the claim sum to be paid into the trust account of retiree C Thanabalan’s lawyers by March 4.

Retiree C Thanabalan is suing lawyer A Arnold Andrew over the dishonour of four cheques amounting to RM1.4 million between June 25 and June 30, 2024. (EPA Images pic)

PUTRAJAYA:

 A lawyer has been granted leave to defend a retiree’s claim against him for RM1.4 million, the amount of four dishonoured cheques issued two years ago.

The Court of Appeal unanimously allowed A Arnold Andrew’s appeal from summary judgment entered against him in the High Court.

A three-member bench chaired by Justice Lim Chong Fong ruled that Andrew had raised triable issues for the matter to go to full trial.

Sitting with Lim were Justices Shahnaz Sulaiman and Latifah Tahar.

The court directed Andrew to deposit RM1.4 million into the trust account of the retiree’s solicitors as stakeholders by March 4, “failing which, summary judgment will automatically be entered on the terms ordered by the High Court last year”, said Lim.

FMT understands that he has already done so.

Last year, judicial commissioner Gan Techiong ruled that Andrew had raised no triable issues to retiree C Thanabalan’s suit.

According to case facts, Andrew, 62, had issued a letter of undertaking to pay the sum in four cheques dated between June 25 and June 30, 2024. However, in November, the cheques were returned by the bank with the remark “drawer’s signature differs”.

Andrew subsequently refused to settle the outstanding amount, prompting Thanabalan to file his suit in December.

Lawyers V Sivaparanjothi and R Thayalan appeared for Thanabalan, while Sanjay Mohan represented Andrew. - FMT