HARYATEY BINTI HANAPI SKF SOLUTION SDN BHD

HARYATEY BINTI HANAPI SKF SOLUTION SDN BHD

On the balance of probabilities the plaintiff failed to discharge the burden to prove fraud or that the loan agreement dated 25.9.2019 was void; the written secured loan agreement was valid and duly executed, funds of RM600,000 were disbursed to the plaintiff, plaintiff defaulted and remains liable for the outstanding sum (RM516,500); plaintiff's claims and originating summons were dismissed accordingly.

Citation
BA-22NCvC-348-08/2022 (Mahkamah Tinggi)
Parties
Plaintiff and Defendant (in Cross Proceedings): Haryatey binti Hanapi; Defendant and Plaintiff (in Cross Proceedings): SKF Solution Sdn Bhd (formerly Arcadia Gold Sdn Bhd)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 February 2024
Case Number
BA-22NCvC-348-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Consolidated Writ and Originating Summons (loan, Charge and Land) / Judgment After Trial
Outcome
Plaintiff's claims dismissed in full; Defendant's originating summons dismissed; Plaintiff ordered to pay outstanding RM516,500.00 to Defendant; Plaintiff liable for costs RM10,000 (subject to taxation); Defendant's originating summons dismissed without costs
Legal Topics
Secured Loan, Charge/mortgage, Caveat, Moneylender Licensing and Regulation, Fraudulent Inducement, Originating Summons for Sale (mortgagee's Remedy), Burden of Proof
Source Language
Malay/English
Contract Tort Property Law Banking and Finance Equity Civil Fraud Evidence Law Secured Loan +6 more

Case Brief

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Parties

Haryatey binti Hanapi

Plaintiff and Defendant (in Cross Proceedings)

SKF Solution Sdn Bhd (formerly Arcadia Gold Sdn Bhd)

Defendant and Plaintiff (in Cross Proceedings)

Procedural Posture

Civil Consolidated Writ and Originating Summons (loan, Charge and Land) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant carried on unlawful moneylending or entered into a sham/illegal agreement under Moneylenders Act
  2. 2 Whether the defendant or its agents fraudulently induced the plaintiff to sign documents and create a RM600,000 loan when plaintiff sought RM300,000
  3. 3 Whether the written secured loan agreement dated 25.9.2019 is valid and enforceable

Ratio Decidendi

On the balance of probabilities the plaintiff failed to discharge the burden to prove fraud or that the loan agreement dated 25.9.2019 was void; the written secured loan agreement was valid and duly executed, funds of RM600,000 were disbursed to the plaintiff, plaintiff defaulted and remains liable for the outstanding sum (RM516,500); plaintiff's claims and originating summons were dismissed accordingly.

Court Disposition

Plaintiff's claims dismissed in full; Defendant's originating summons dismissed; Plaintiff ordered to pay outstanding RM516,500.00 to Defendant; Plaintiff liable for costs RM10,000 (subject to taxation); Defendant's originating summons dismissed without costs

Orders

  • Plaintiff's writ claim (Suit No. BA-22NCvC-348-08/2022) is dismissed in its entirety
  • Defendant's originating summons (Saman Pemula No. BA-24FC-124-03/2021) is dismissed