5 Jul 2024
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- Citation
- WA-12BNCC-33-09/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCC-33-09/2023 (Mahkamah Tinggi)
The High Court allowed the appeal, set aside the Sessions Court's imposition of personal liability on the appellants because contemporaneous documents and evidence showed no fraudulent misrepresentation or Ali Baba scheme that induced the loans, the Sessions Court neglected material documents and made unsupported factual findings, and there was no sustainable basis to lift the corporate veil or find fraudulent trading; additionally the loans bore characteristics attracting the Moneylenders Act presumption, undermining enforceability; accordingly the orders against the appellants were set asid…