10 Feb 2022
1. Ghandi Rajan a/l Arjunan 2. Malaercoady a/p Kumarasamy 3. Yow Man Kong @ Senthil Kumar Yow Man Kong @ Senthil Kumar
- Citation
- BA-22NCvC-275-06/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-275-06/2018 (Mahkamah Tinggi)
On the totality of contemporaneous documents and conduct the SPA of 10.01.2013 was a sham masking an interest-bearing loan; the Defendant was an unlicensed moneylender; the Settlement Agreement flowed from and was tainted by that illegality; the Sessions Court judgment based on the tainted settlement was obtained in circumstances amounting to fraud on the court and is set aside; monetary losses lie where they fall and each party bears own costs.