Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Promissory notes

Legal area

Court

17 Jul 2025

1. ) BLJ Commercials Pte Ltd 2. ) Chen Boon Leong 1. ) Suntruck Sdn Bhd 2. ) Chen Boon Koh 3. ) Chen Boon Keng

Citation

WA-22NCC-632-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-632-09/2024 (Mahkamah Tinggi)

The application for a stay was dismissed because the Defendants failed to show special or exceptional circumstances; the summary judgment rested on unequivocal promissory notes confirming the debt and pledged property would only be sold upon default (within Defendants' control), and payments under execution are capable of restitution, so the appeal would not be rendered nugatory.
21 Apr 2025

LUA THIANG POH 1. ) KABIR SINGH A/L JAGIR SINGH 2. ) JASMINDER KAUR A/P JASBIR SINGH 3. ) MANJEET SINGH A/L DARSHAN SINGH 4. ) KAWALJEET KAUR A/P DARSHAN SINGH 5. ) YOKIN RESOURCES SDN. BHD.

Citation

WA-22NCC-283-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-283-06/2022 (Mahkamah Tinggi)

Promissory notes were inadmissible and unenforceable because stamping occurred after execution and lacked proper LHDN endorsement; no consideration moved to the individual makers (D1–D4) so the notes are void as against them; the transactions were loans not investments and the plaintiff failed to rebut the s10OA presumption, rendering the agreements void under s15 of the Moneylenders Act 1951; plaintiff also failed the contractual 3‑month notice requirement; claim dismissed and plaintiff ordered to pay defendants' costs.