3 Sept 2024
TOE HONG CHOO PIONG CHOONG FAH
- Citation
- WA-22NCvC-682-10/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-682-10/2021 (Mahkamah Tinggi)
Plaintiff proved on balance of probabilities she lent RM1,520,000 and the Loan Agreement containing 1.3% p.m. administration charges is genuine; defendant's pleaded sham defence and testimony denying receipt made it an abuse to later assert an alternative inconsistent defence of illegality not pleaded; statutory presumption under s10OA MA1951 was rebutted by the spousal relationship, lack of system/continuity, absence of advertising as a moneylender and non-exorbitant interest, therefore the agreement is not an unenforceable moneylending agreement under s15 MA1951 and judgment is entered for…