MOHD ISMARUZAIDI BIN MOHAMMAD ZAKUAN AGASURIA SDN BHD

MOHD ISMARUZAIDI BIN MOHAMMAD ZAKUAN AGASURIA SDN BHD

The appeal was dismissed because the plaintiff proved the loan was advanced (bank transfers, cash deposit, cheque and defendant's prior admission) establishing a prima facie case; the defendant's denial was inconsistent with contemporaneous documents and admissions and therefore not a triable issue, and the defendant's legal defence under the Moneylenders Act failed because the loan was interest-free and thus not within the Act's scope.

Citation
WA-12ANCC-36-02/2022 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Mohd Ismaruzaidi bin Mohammad Zakuan; Respondent / Plaintiff: Agasuria Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 September 2022
Case Number
WA-12ANCC-36-02/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Appellate Judgment (challenge to Summary Judgment)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment (order 14 / Kaedah 14), Enforceability of Loan Agreement, Definition and Scope of Moneylenders Act 1951
Source Language
Malay/English
Contract Civil Procedure Moneylenders Law Summary Judgment (order 14 / Kaedah 14) Enforceability of Loan Agreement Definition and Scope of Moneylenders Act 1951

Case Brief

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Parties

Mohd Ismaruzaidi bin Mohammad Zakuan

Appellant / Defendant

Agasuria Sdn Bhd

Respondent / Plaintiff

Procedural Posture

Civil Appeal From Sessions Court / Appellate Judgment (challenge to Summary Judgment)

Legal Issues

  1. 1 Whether the defendant received the loan advanced by the plaintiff
  2. 2 Whether the loan agreement is unenforceable under the Moneylenders Act 1951 s15 because the plaintiff was an unlicensed moneylender
  3. 3 Whether the defendant raised a triable issue sufficient to defeat a summary judgment under Kaedah-Kaedah Mahkamah 2012 aturan 14

Ratio Decidendi

The appeal was dismissed because the plaintiff proved the loan was advanced (bank transfers, cash deposit, cheque and defendant's prior admission) establishing a prima facie case; the defendant's denial was inconsistent with contemporaneous documents and admissions and therefore not a triable issue, and the defendant's legal defence under the Moneylenders Act failed because the loan was interest-free and thus not within the Act's scope.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Session Court judgment granting summary judgment for plaintiff affirmed