In our recent appeal to the High Court, namely, Kusatex Sdn Bhd & Anor v Wirafoam Industries Sdn Bhd [2025] MLRHU 2706 (Wilson Wong Fu Sheng together with Rayveni Asogan, Sean Dudley, Sean Dudley & Associates and Wilson Wong), the High Court agreed with us (Defendants/Appellants), in a situation where the Plaintiff had pleaded that there were 127 invoices, and the said 127 invoices were never tendered before the Court, Section 114(g) Evidence Act 1950 can be invoked to urge the Court to draw an adverse inference against the Plaintiff/Respondent for withholding the said 127 invoices in its possession. The Plaintiff never explained the absence of invoices (and delivery orders), despite relying on them as the basis of its claim.

Therefore, the High Court found that the Plaintiff failed to discharge its burden of proof under section 101 and 102 of the Evidence Act 1950.

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