18 Feb 2020
Golden Wheel Credit Sdn Bhd Powernet Industries Sdn Bhd
- Citation
- WA-11ANCC-43-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-11ANCC-43-11/2019 (Mahkamah Tinggi)
The appeal is dismissed because the Plaintiff failed to produce the statutory statement of account as prescribed by s19 and required by s21 of the Moneylenders Act 1951 with the originating writ; non-compliance with s21 is a mandatory statutory requirement that is fatal to the claim and justifies striking out. Estoppel could not validate non-compliance with the Moneylenders Act (s16 issue) while the s23 breach did not itself render the agreement unenforceable and s27 attestation disputes required trial resolution.