SKF SOLUTION SDN BHD (yang dahulunya dikenali sebagai ARCADIA GOLD SDN BHD) HARYATEY BINTI HANAPI

SKF SOLUTION SDN BHD (yang dahulunya dikenali sebagai ARCADIA GOLD SDN BHD) HARYATEY BINTI HANAPI

On the balance of probabilities the plaintiff failed to discharge the burden of proof of fraud and invalidity of the loan agreement; documentary and oral evidence established a valid RM600,000 secured loan disbursed to the plaintiff by a licensed moneylender, the registered charge and caveat were valid and enforceable, the defendant’s originating summons was dismissed (no costs awarded) and the plaintiff’s claims were dismissed with costs, and plaintiff ordered to pay outstanding debt of RM516,500.

Citation
BA-24FC-124-03/2021 (Mahkamah Tinggi)
Parties
Plaintiff (writ No. BA 22 Ncv C 348 08/2022) / Defendant (os No. BA 24 FC 124 03/2021): Haryatey binti Hanapi; Plaintiff (os No. BA 24 FC 124 03/2021) / Defendant (writ No. BA 22 Ncv C 348 08/2022): SKF Solution Sdn Bhd (formerly Arcadia Gold Sdn Bhd)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 February 2024
Case Number
BA-24FC-124-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Moneylending / Secured Loan / Land Charge Dispute / Judgment (trial)
Outcome
Plaintiff's claims dismissed; Defendant's originating summons dismissed (no costs awarded); Plaintiff ordered to pay defendant outstanding loan balance.
Legal Topics
Secured Loan, Charge / Registration of Charge, Caveat, Originating Summons, Foreclosure / Power of Sale, Burden of Proof, Damages
Source Language
Malay/English
Moneylending Law Contract Law Land Law Fraud Civil Procedure Evidence Law Secured Loan Charge / Registration of Charge +5 more

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Parties

Haryatey binti Hanapi

Plaintiff (writ No. BA 22 Ncv C 348 08/2022) / Defendant (os No. BA 24 FC 124 03/2021)

SKF Solution Sdn Bhd (formerly Arcadia Gold Sdn Bhd)

Plaintiff (os No. BA 24 FC 124 03/2021) / Defendant (writ No. BA 22 Ncv C 348 08/2022)

Procedural Posture

Civil Moneylending / Secured Loan / Land Charge Dispute / Judgment (trial)

Legal Issues

  1. 1 Whether defendant carried on unlawful moneylending or breached Moneylenders Act
  2. 2 Whether defendant or its agents committed fraud in procuring signatures and creating a RM600,000 loan instead of RM300,000 as alleged by plaintiff
  3. 3 Whether the written Loan Agreement dated 25.9.2019 is void or unenforceable

Ratio Decidendi

On the balance of probabilities the plaintiff failed to discharge the burden of proof of fraud and invalidity of the loan agreement; documentary and oral evidence established a valid RM600,000 secured loan disbursed to the plaintiff by a licensed moneylender, the registered charge and caveat were valid and enforceable, the defendant’s originating summons was dismissed (no costs awarded) and the plaintiff’s claims were dismissed with costs, and plaintiff ordered to pay outstanding debt of RM516,500.

Court Disposition

Plaintiff's claims dismissed; Defendant's originating summons dismissed (no costs awarded); Plaintiff ordered to pay defendant outstanding loan balance.

Orders

  • Plaintiff's writ claims and originating summons dismissed
  • Plaintiff to pay Defendant outstanding sum of MYR 516500