7 May 2025
Lew Wan Nee Lim Ah Hock
- Citation
- KA-22NCvC-10-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-22NCvC-10-02/2020 (Mahkamah Tinggi)
On the balance of probabilities the written PJB was a sham and in substance a loan secured by the property; because the defendant was an unlicensed moneylender under the Moneylenders Act 1951 the loan and related instruments (PJB and SKW) are unenforceable and void ab initio; therefore the court granted a declaration of invalidity, ordered removal of the defendant's caveat and return of the original title to the plaintiff, dismissed the plaintiff's claim for assessment of damages for breach of the PJB, and awarded costs of RM5,000 to the plaintiff.