Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Statutory illegality vs common law illegality

  • 24 May 2023

    LAU KOK LOON @ LAU SAY SIOK LOW YEE MENG

    Citation
    WA-22NCC-530-10/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-530-10/2020 (Mahkamah Tinggi)

    Court found on the balance of probabilities that a resulting trust existed in favour of the Plaintiff over all 238,096 shares because the 1995 transfer was not intended as a gift and was supported by contemporaneous evidence (statutory declarations, blank transfer forms, conduct); the illegality defence failed because creditors were not deceived to their prejudice, the bankruptcy orders were annulled and applying the Patel v Mirza considerations (and related authorities) denial of relief would be disproportionate; equitable defences of laches and acquiescence were rejected; accordingly Plaint…

  • 12 Apr 2023

    GOLDEN WHEEL CREDIT SDN BHD DATO' SIAH TEONG DIN

    Citation
    WA-22NCC-596-12/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-596-12/2020 (Mahkamah Tinggi)

    The claim for restitution was dismissed because the Plaintiff had contravened material provisions of the Moneylenders Act 1951 (including charging interest above the statutory cap for secured loans, use of incorrect forms, unlawful deduction of funds, unstamped documents and failure to provide statements), and permitting recovery of the principal would stultify the statutory scheme and public policy embodied in the Moneylenders Act 1951; where a contract is void ab initio under statute, restitution under ss66/71 is not available.