19 Nov 2023
1. ) LIZIZ STANDACO SDN.BHD. 2. ) GUOK NGUONG PENG 1. ) Ong Koh Kou @ Won Kok Fong 2. ) ONG LIANG YU 3. ) LAU YONG FOONG
- Citation
- DA-22NCC-3-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCC-3-09/2018 (Mahkamah Tinggi)
On the balance of probabilities the court found the true loan was RM112,025,000 based on the quantum of security (98 cheques valued RM104,025,000 plus titles); the SIP was procured by fraudulent misrepresentation by Plaintiff 2 and is therefore voidable and declared void; defendants were entitled to retain and, where necessary, enforce the cheques under the Bills of Exchange Act 1949 and to recover sums for dishonoured cheques; plaintiffs' claim was dismissed and defendants' amended counterclaim allowed to the extent of the sums ordered.