Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Disguised moneylending
  • 11 Jun 2021

    MOHD YASIN BIN SUDIN FANDORA RECOVERY SDN BHD

    Citation
    B-12ANCC-23-03/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    B-12ANCC-23-03/2021 (Mahkamah Tinggi)

    The High Court affirmed the Sessions Court: the plaintiff established a prima facie case of goods sold and delivered supported by contemporaneous documents (purchase order, delivery order with acknowledgement, tax invoice, statement of account); the defendant's assertion of a disguised loan was inherently improbable and inconsistent with those documents and therefore did not raise a bona fide triable issue to defeat summary judgment, so judgment was properly entered without a trial.