Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Licensing of moneylenders

Legal area

Court

22 Aug 2023

1. ) Thamarai A/P Perumal 2. ) Raju A/L Dorairaju SKF SOLUTION SDN. BHD. (dahulunya dikenali sebagai ARCADIA GOLD SDN. BHD.)

Citation

BA-11BNCvC-27-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-11BNCvC-27-08/2022 (Mahkamah Tinggi)

Failure to comply with s16 (no stamped copy delivered to each borrower) rendered the moneylending agreement unenforceable; additionally, issues alleging illegality such as lack of licence or non-attestation were not specifically pleaded as required by Order 18 r8 and were therefore fatal to those defences; on the facts alternative finding was that actual disbursement was RM45,500 and the loan had been repaid.
25 Mar 2021

AZIO E-PAY SERVICE MALAYSIA SDN BHD [ No.Syarikat: 700558-K ] 1. ) NORIMAH BINTI THAMRIN [ No.K/P : 810511016018 ] 2. ) NOOR AZLAN BIN ABD GHAFAR [ No.K/P : 810701146243 ]

Citation

JA-A72NCC-1123-10/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A72NCC-1123-10/2020 (Mahkamah Majistret)

The claim was statute-barred: plaintiff failed to plead or prove an acknowledgement within s.26(2) Limitation Act 1953 and failed to meet the formal requirements of s.27; plaintiff also failed to demonstrate it held a moneylender licence as required by the Moneylenders Act 1951; accordingly the writ and statement of claim disclosed no sustainable cause of action and were struck out under O18 r19 ROC 2012 with costs.