Malaysia Case Law: Decisions & Judgments

Topic

Friendly loan agreement

Legal area

Court

18 Apr 2025

CHEOW HOCK KEE CHAN YOK LIN

Citation

WA-22NCvC-131-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-131-03/2021 (Mahkamah Tinggi)

On the evidence the Court found the 28.01.2019 loan agreement valid and binding, the defendant received RM200,000 and admitted only RM40,000 repaid; the outstanding RM160,000 is owing with agreed interest. The 17.04.2018 Sale & Purchase Agreement and related dealings were genuine sale transactions, not a sham security arrangement. The plaintiff successfully rebutted any statutory presumption of being an unlicensed moneylender. Failure to call the intermediary (Mr Liew/Ah Keong) justified an adverse inference against the defendant. Therefore plaintiff's claim for RM160,000 plus 5% p.a. interes…
26 Feb 2025

TUAN KHAIRUL ANNUAR BIN TUAN YUSOF NOOR NASHRIQ BIN SEKARNOR

Citation

DA-A72NCC-58-04/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-A72NCC-58-04/2024 (Mahkamah Majistret)

On the balance of probabilities the Court found no binding Friendly Loan Agreement between Plaintiff and Defendant; Plaintiff lacked locus standi and the statement of claim failed to disclose a reasonable cause of action, was plain and obviously unsustainable and constituted an abuse of process; therefore the Defendant's application to strike out under Order 18 r19 was allowed with costs.
30 Jun 2022

NAGARAJAN A/L PERIASAMY MAHENDRAN A/L CHELLADORAI

Citation

BA-22NCvC-493-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-493-11/2019 (Mahkamah Tinggi)

Plaintiff failed to prove on a balance of probabilities that he advanced RM2,250,000 as a friendly loan because there was no credible documentary evidence of disbursement and the oral evidence was not sufficiently convincing; Defendant failed to prove fraud in procuring his signature on the FLA; consequently both the claim and the counterclaim fail for lack of proof; costs awarded to Defendant.
7 Feb 2022

GURDEEP SINGH A/L B. MAHINDER SINGH (NO. KP: 560831-01-5533) 1. MANJEET SINGH A/L DARSHAN SINGH (NO. KP: 730124-14-5151) 2. KABIR SINGH A/L JAGIR SINGH (NO. KP: 781008-07-5387)

Citation

WA-22NCC-511-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-511-10/2020 (Mahkamah Tinggi)

The court found on the balance of probabilities that the Defendants executed and authenticated the stamped friendly loan agreement of 29 August 2014 and thereby admitted receipt of the loan; the agreement and subsequent meeting/email/letter evidence were admissible (no effective without prejudice bar or it was waived); Defendants failed to rebut the evidential weight of the written admission and prove their alternative case that payments were investment returns or that the agreement was a sham or fell within the Moneylenders Act exception; Plaintiff failed to prove the separate RM100,000 loan…

Malaysia Case Law

CHEOW HOCK KEE CHAN YOK LIN

TUAN KHAIRUL ANNUAR BIN TUAN YUSOF NOOR NASHRIQ BIN SEKARNOR

NAGARAJAN A/L PERIASAMY MAHENDRAN A/L CHELLADORAI

GURDEEP SINGH A/L B. MAHINDER SINGH (NO. KP: 560831-01-5533) 1. MANJEET SINGH A/L DARSHAN SINGH (NO. KP: 730124-14-5151) 2. KABIR SINGH A/L JAGIR SINGH (NO. KP: 781008-07-5387)