LUA THIANG POH 1. ) KABIR SINGH A/L JAGIR SINGH 2. ) JASMINDER KAUR A/P JASBIR SINGH 3. ) MANJEET SINGH A/L DARSHAN SINGH 4. ) KAWALJEET KAUR A/P DARSHAN SINGH 5. ) YOKIN RESOURCES SDN. BHD.

LUA THIANG POH 1. ) KABIR SINGH A/L JAGIR SINGH 2. ) JASMINDER KAUR A/P JASBIR SINGH 3. ) MANJEET SINGH A/L DARSHAN SINGH 4. ) KAWALJEET KAUR A/P DARSHAN SINGH 5. ) YOKIN RESOURCES SDN. BHD.

Promissory notes were inadmissible and unenforceable because stamping occurred after execution and lacked proper LHDN endorsement; no consideration moved to the individual makers (D1–D4) so the notes are void as against them; the transactions were loans not investments and the plaintiff failed to rebut the s10OA presumption, rendering the agreements void under s15 of the Moneylenders Act 1951; plaintiff also failed the contractual 3‑month notice requirement; claim dismissed and plaintiff ordered to pay defendants' costs.

Citation
WA-22NCC-283-06/2022 (Mahkamah Tinggi)
Parties
PLAINTIFF: Lua Thiang Poh; DEFENDANT: Kabir Singh a/l Jagir Singh; DEFENDANT: Jasminder Kaur a/p Jasbir Singh; DEFENDANT: Manjeet Singh a/l Darshan Singh; DEFENDANT: Kawaljeet Kaur a/p Darshan Singh; DEFENDANT: Yokin Resources Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 April 2025
Case Number
WA-22NCC-283-06/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Judgment
Outcome
Plaintiff's claim dismissed in its entirety
Legal Topics
Promissory Notes, Stampling Requirements, Consideration, Illegality of Contracts, Section 10 OA Presumption (mla 1951), Enforceability Under MLA 1951, Notice Requirements, Adverse Inference Under Evidence Act
Source Language
Malay/English
Contract Law Moneylenders Law Stamp Law Evidence Company Law Civil Procedure Promissory Notes Stampling Requirements +6 more

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Parties

Lua Thiang Poh

PLAINTIFF

Kabir Singh a/l Jagir Singh

DEFENDANT

Jasminder Kaur a/p Jasbir Singh

DEFENDANT

Manjeet Singh a/l Darshan Singh

DEFENDANT

Kawaljeet Kaur a/p Darshan Singh

DEFENDANT

Yokin Resources Sdn Bhd

DEFENDANT

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Admissibility of promissory notes due to stamping and LHDN endorsement
  2. 2 Whether consideration moved to the makers (D1-D4)
  3. 3 Whether transactions were investments or loans

Ratio Decidendi

Promissory notes were inadmissible and unenforceable because stamping occurred after execution and lacked proper LHDN endorsement; no consideration moved to the individual makers (D1–D4) so the notes are void as against them; the transactions were loans not investments and the plaintiff failed to rebut the s10OA presumption, rendering the agreements void under s15 of the Moneylenders Act 1951; plaintiff also failed the contractual 3‑month notice requirement; claim dismissed and plaintiff ordered to pay defendants' costs.

Court Disposition

Plaintiff's claim dismissed in its entirety

Orders

  • Claim dismissed in its entirety
  • Plaintiff to pay Defendants' costs of the action