Evidence : Burden of proof - Evidential burden, shifting of - Whether burden of proof rests throughout trial upon the party asserting that facts exist - Circumstances when evidential burden shifts to other party - Evidence Act 1950, s 101

Evidence : Witness - Credibility of - Whether credibility of witnesses primarily a matter for trial court to decide - Allegations that witnesses untruthful and dishonest - Whether independent evidence corroborated such allegations

The respondent had appointed the appellant to carry out construction and cleaning works at the respondent's plantation. Three written contracts with identical terms were executed between the parties in respect of the scope and description of works. A fourth contract between the parties was in respect of an extension of the contract period under the earlier three contracts. The appellant claimed that it had carried out the works but had not been paid in full. The appellant thus sued to recover the outstanding sum of RM397,416.00 due and payable by the respondent. The respondent however contended that the appellant had failed to carry out the works as stipulated and that it had to appoint two other contractors to complete the remedial works at the total cost of RM554,264.45. The responden