Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Validity of moneylending agreement

Legal area

Court

3 Mar 2025

READY CASH SDN BHD 1. ) NOORHAYATI BINTI MUSTAPHA 2. ) ROHIZIR BIN ABDUL RASHID

Citation

BA-24FC-1088-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24FC-1088-11/2023 (Mahkamah Tinggi)

Defendants failed to demonstrate the required special circumstances to justify a stay; their challenge to the loan agreement was brought only after receipt of funds and after the order for sale, appears an afterthought, the contract and registered charge remain valid until set aside, and damages are adequate to compensate any loss; therefore the stay application is dismissed with costs.
23 Jan 2025

OSK CAPITAL SDN. BHD. LEE KAM KOAK

Citation

BA-24FC-813-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24FC-813-08/2024 (Mahkamah Tinggi)

Defendant failed to establish any cause to the contrary under s256(3); allegations of breaches of the Moneylenders Act and Regulations raise substantive issues that are inappropriate for determination in s256 proceedings and must be litigated in a separate action; accordingly the court was obliged to allow the Plaintiff's application and grant the reliefs sought in Enclosure 1.