13 Mar 2026
CKOO Collections Sdn Bhd AR Asset Management (M) Sdn Bhd
- Citation
- WA-22NCC-217-04/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-217-04/2025 (Mahkamah Tinggi)
DOA-2 effected an equitable absolute assignment of the Book Debts (lack of statutory notice only prevented perfecting legal assignment); the CA was a binding contract part-performed by the parties; although a loan-at-interest presumption arose, the Plaintiff rebutted it on the evidence and was not carrying on a moneylending business; the Defendant breached the CA, misapplied collections and is a constructive trustee of the Book Debts and their proceeds; Plaintiff entitled to declarations, damages (RM15,314,388.99 subject to set-off), injunctions, account and costs.