Malaysia Case Law: Decisions & Judgments

Topic

Attestation requirements

Legal area

Court

12 Aug 2025

Luminor Credit Sdn. Bhd. Ronald Sim See Lei

Citation

WA-22NCC-483-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-483-07/2023 (Mahkamah Tinggi)

MLA1 breached mandatory provisions of the Moneylenders Act (unstamped and not delivered before disbursement; not attested; unlawful upfront deductions; failure to produce accounts) and is void and unenforceable ab initio; MLA2 complied with prescribed formalities and is enforceable but the court, exercising s.21(2) and s.23, reduced the recoverable sum by RM578,000 representing unlawful deductions and charges rolled into MLA2, and entered judgment for RM1,345,000 plus specified interest.
11 Oct 2023

1. ) ONG SEOK FONG 2. ) ONG CHEE KIONG 3. ) ONG BAN LING 4. ) ONG TAR FOO 5. ) ONG SEOK KIAN 1. ) NG TONG LAI 2. ) PENDAFTAR HAKMILIK NEGERI JOHOR

Citation

JB-22NCvC-44-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCvC-44-07/2018 (Mahkamah Tinggi)

The impugned Irrevocable Power of Attorney was invalid because the statutory attestation requirements of Power of Attorney Act 1949 s3 were not satisfied (attesting solicitor did not explain contents; preparer lacked language competence and did not attest), the presumption under Evidence Act s85 was rebutted on the balance of probabilities, and the donor lacked the necessary lucidity on the execution date; consequently the transfer and subsequent registration founded on that POA are null and void and the property remains part of the deceased’s estate.
18 Feb 2020

Golden Wheel Credit Sdn Bhd Powernet Industries Sdn Bhd

Citation

WA-11ANCC-43-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11ANCC-43-11/2019 (Mahkamah Tinggi)

The appeal is dismissed because the Plaintiff failed to produce the statutory statement of account as prescribed by s19 and required by s21 of the Moneylenders Act 1951 with the originating writ; non-compliance with s21 is a mandatory statutory requirement that is fatal to the claim and justifies striking out. Estoppel could not validate non-compliance with the Moneylenders Act (s16 issue) while the s23 breach did not itself render the agreement unenforceable and s27 attestation disputes required trial resolution.

Malaysia Case Law

Luminor Credit Sdn. Bhd. Ronald Sim See Lei

1. ) ONG SEOK FONG 2. ) ONG CHEE KIONG 3. ) ONG BAN LING 4. ) ONG TAR FOO 5. ) ONG SEOK KIAN 1. ) NG TONG LAI 2. ) PENDAFTAR HAKMILIK NEGERI JOHOR

Golden Wheel Credit Sdn Bhd Powernet Industries Sdn Bhd