1. ) Lim Seong Heng 2. ) Hew See Ling 1. ) Tan Pek Han 2. ) Ten Shay Tien PIHAK TERKILAN 1. ) Lim Seong Heng 2. ) DC2 Auto Sdn Bhd

1. ) Lim Seong Heng 2. ) Hew See Ling 1. ) Tan Pek Han 2. ) Ten Shay Tien PIHAK TERKILAN 1. ) Lim Seong Heng 2. ) DC2 Auto Sdn Bhd

On the balance of probabilities the court found the plaintiff (CC) advanced RM10,483,249 to the defendants (CC) for investment in buying and selling luxury vehicles; only RM5,108,478 was proved to have been repaid; the transaction was an investment/partnership profit-sharing arrangement and not a moneylending...

Source-derived case information.

Citation
WA-22NCC-467-09/2020 (Mahkamah Tinggi)
Parties
1st Defendant (counterclaim); 1st Plaintiff (main): LIM SEONG HENG; Plaintiff (main): HEW SEE LING; Plaintiff (counterclaim); Defendant (main): TAN PEK HAN; Defendant (main): TEN SHAY TIEN; 2nd Defendant (counterclaim): DC2 AUTO SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 May 2023
Case Number
WA-22NCC-467-09/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial Division (counterclaim Arising From Main Civil Suit) / Judgment (trial Concluded)
Outcome
Counterclaim allowed in part in favour of plaintiff (CC) Tan Pek Han
Legal Topics
Loan Recovery, Counterclaim, Illegal Moneylending (moneylenders Act 1951), Adverse Inference From Failure to Call Witness, Burden of Proof, Interest and Damages, Undertaking/guarantor Instruments
Contract Evidence Commercial/banking Law Statutory Interpretation Civil Procedure Loan Recovery Counterclaim Illegal Moneylending (moneylenders Act 1951) +4 more

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Parties

LIM SEONG HENG

1st Defendant (counterclaim); 1st Plaintiff (main)

HEW SEE LING

Plaintiff (main)

TAN PEK HAN

Plaintiff (counterclaim); Defendant (main)

TEN SHAY TIEN

Defendant (main)

DC2 AUTO SDN BHD

2nd Defendant (counterclaim)

Procedural Posture

Civil Commercial Division (counterclaim Arising From Main Civil Suit) / Judgment (trial Concluded)

Legal Issues

  1. 1 Who received the monies loaned?
  2. 2 Quantum of monies provided
  3. 3 Whether monies were fully repaid

Ratio Decidendi

On the balance of probabilities the court found the plaintiff (CC) advanced RM10,483,249 to the defendants (CC) for investment in buying and selling luxury vehicles; only RM5,108,478 was proved to have been repaid; the transaction was an investment/partnership profit-sharing arrangement and not a moneylending agreement under the Moneylenders Act 1951; accordingly the counterclaim was allowed for the unpaid balance with interest and costs.

Court Disposition

Counterclaim allowed in part in favour of plaintiff (CC) Tan Pek Han

Orders

  • Judgment for MYR 5,374,771 against the 1st defendant (CC) LIM SEONG HENG (inclusive of amounts below)
  • Judgment for MYR 1,929,459 against the 2nd defendant (CC) DC2 AUTO SDN BHD (derived from MYR 4,573,999 less MYR 2,644,540)