18 Jan 2024
Mulpha Ventures Sdn Bhd 1. ) Mula Holdings Sdn Bhd 2. ) Bestari Sepang Sdn Bhd 3. ) Spanstead Sdn Bhd 4. ) Seri Ehsan (Sepang) Sdn Bhd
- Citation
- BA-22NCC-3-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-3-01/2021 (Mahkamah Tinggi)
Breach of s16 Moneylenders Act 1951 rendered the three loan agreements unenforceable and therefore void, but the transactions were not illegal; accordingly the plaintiff was entitled to restitution under s66 Contracts Act 1950 and alternatively to recover on the basis of money had and received/unjust enrichment; limitation defence was unavailable because a void contract does not generate enforceable rights upon which limitation can operate; outgoings incurred remained recoverable.