22 Oct 2021
TAN SRI DATO SERI DR M MAHADEVAN A/L MAHALINGAM 1. DAVID CHOONG JIN CHAI 2. LEE KUANG GEN
- Citation
- WA-22NCVC-95-02/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-95-02/2017 (Mahkamah Tinggi)
The court found on the balance of probabilities that the SOGA evidenced genuine sale and investment transactions supported by physical transfer of gold, admissions and contemporaneous documents; DC failed to prove TSM carried on unlicensed moneylending or that the SOGA were sham, and the presumption under s10OA MLA was rebutted; IL's indemnity was voluntarily executed and enforceable; accordingly TSM's claim succeeded for the stated sum with interest and costs while DC's counterclaim and the Suit 2015 claim were dismissed as appropriate.