30 Aug 2024
Lakhbeer Singh A/L Ajaib Singh Thamil Chelvam A/L Subramaniam
- Citation
- WA-B52NCvC-239-07/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-B52NCvC-239-07/2020 (Mahkamah Sesyen)
On the balance of probabilities the SPA was a sham used as security for an unlawful moneylending transaction: the contemporaneous conduct and documents (withheld copies, signed pages, timing of caveats and consent forms, unstamped SPA), unchallenged evidence of monthly 3% interest payments and repayments, and failure to use the prescribed moneylending form and to comply with statutory interest limits rendered the transaction illegal under the Moneylenders Act and void under s24 Contracts Act; consequently specific performance and restitution were refused and the Plaintiff's claim dismissed.