Malaysia Case Law: Decisions & Judgments

Topic

Enforceability of loan agreement

Legal area

Court

31 Jan 2025

GOH PIK HSIA 1. ) MELVIN ONG HAN LEE 2. ) CHOU FUI MEIN

Citation

CA-B52NCvC-19-10/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-B52NCvC-19-10/2024 (Mahkamah Sesyen)

Plaintiff satisfied the requirements for summary judgment under Order 14 by affidavit evidence and supporting documents establishing a prima facie debt of RM340,000; defendants failed to raise any bona fide triable issue (their allegations of sham, illegality under the Money Lenders Act, duress and third‑party blame were unsupported and amounted to empty denials or afterthoughts); therefore summary judgment was properly recorded against defendants and the plaintiff's application was allowed.
22 Sept 2022

MOHD ISMARUZAIDI BIN MOHAMMAD ZAKUAN AGASURIA SDN BHD

Citation

WA-12ANCC-36-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-36-02/2022 (Mahkamah Tinggi)

The appeal was dismissed because the plaintiff proved the loan was advanced (bank transfers, cash deposit, cheque and defendant's prior admission) establishing a prima facie case; the defendant's denial was inconsistent with contemporaneous documents and admissions and therefore not a triable issue, and the defendant's legal defence under the Moneylenders Act failed because the loan was interest-free and thus not within the Act's scope.
29 Jun 2022

CHANDRAMOHAN A/L NARAYANASAMY RAVINDRAN A/L MARUTHAMUTHU

Citation

JA-12ANCC-18-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12ANCC-18-09/2021 (Mahkamah Tinggi)

Plaintiff satisfied the preliminary conditions for summary judgment under O.14 r.1; the Friendly Loan Agreement was clear, signed and unambiguous (including clause acknowledging no contravention of Moneylenders Act); the defendant failed to produce evidence of illegality or credible contemporaneous documents to raise triable issues; therefore summary judgment was properly entered and the appeal was dismissed.
11 Oct 2021

1. ) KWANG SHEN STEEL INDUSTRIES SDN BHD 2. ) MOU, YU-HUI NG CHEE MENG

Citation

WA-12ANCVC-176-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCVC-176-06/2021 (Mahkamah Tinggi)

The High Court held the RM500,000 was a one‑off friendly loan with no interest and the plaintiff was not carrying on a business of moneylending; the defendants failed to raise any arguable or triable issues and their denials were bare and inconsistent with contemporaneous documents (the letter agreement and post‑dated cheques), therefore summary judgment was correctly granted and the appeal was dismissed.

Malaysia Case Law

GOH PIK HSIA 1. ) MELVIN ONG HAN LEE 2. ) CHOU FUI MEIN

MOHD ISMARUZAIDI BIN MOHAMMAD ZAKUAN AGASURIA SDN BHD

CHANDRAMOHAN A/L NARAYANASAMY RAVINDRAN A/L MARUTHAMUTHU

1. ) KWANG SHEN STEEL INDUSTRIES SDN BHD 2. ) MOU, YU-HUI NG CHEE MENG