31 May 2024
MA JOSEPH CAPITAL SDN BHD 1. ) PANNIRSELVAM A/L MANNAR 2. ) UZINANI BINTI MOHD SANI (kedua-duanya beramal sebagai Tetuan Nurliny, Pannir Mannar & Co, Peguambela & Peguamcara) 3. ) EI KIAN SEONG
- Citation
- BA-22NCvC-502-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-502-10/2018 (Mahkamah Tinggi)
On the evidence and authorities the court found the 16 transactions to be genuine sale and purchase transactions with valid Options to Purchase; the plaintiffs' claims framed under criminal provisions of the Moneylending Act 1951 and disciplinary provisions of the Legal Profession Act 1976 were misconceived and not enforceable in civil proceedings; plaintiffs failed to prove payments were loans or interest; adverse inference was drawn for failure to call key witnesses; accordingly plaintiffs' claims were dismissed and defendants' counterclaims were allowed with costs and interest while damage…