10 Sept 2021
1. ) Tang Lee Hiok 2. ) Lim Boon Keong 3. ) Tan Mee Lian 4. ) Lim Hiang Yeow Guang Cheng
- Citation
- B-02(NCvC)(W)-1193-09/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- B-02(NCvC)(W)-1193-09/2020 (Mahkamah Rayuan)
On the facts and documents (bank records, cheques, WeChat messages, conduct and timing of payments and registration) the court found the 1st–4th Defendants had advanced a loan of RM900,000 without a moneylender's licence; the s10OA presumption arose and was not rebutted on balance of probabilities; the SPA was a sham used to disguise the unlawful loan and was therefore void/unenforceable under s15 MLA read with Contracts Act s24; consequentially the registered transfer was cancelled and re-vested in the respondent; appeals dismissed.