Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Moneylending licence

  • 19 Nov 2025

    COSMOPOLITAN AVENUE SDN BHD NADAYU PROPERTIES BERHAD

    Citation
    BA-22C-25-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-22C-25-07/2024 (Mahkamah Tinggi)

    The Court found no triable issues: the Plaintiff admitted receipt of the RM6,000,000 advance and the contract terms obligated repayment; the Plaintiff's set‑off case lacked sufficient legal basis to defeat summary judgment; the Defendant rebutted the presumption of being an unlicensed moneylender by evidencing a non‑moneylending relationship, absence of system/continuity of lending, no advertising as a moneylender and non‑exorbitant profit; accordingly summary judgment on the Defendant's Counterclaim was allowed with costs but execution was stayed pending disposal of the Plaintiff's substanti…

  • 28 Oct 2025

    1. ) TANG SER CHIEW 2. ) LIM YAR TING LEE MEI KIM

    Citation
    N-02(NCvC)(W)-792-05/2024 (Mahkamah Rayuan)
    Court
    NCvC
    Case number
    N-02(NCvC)(W)-792-05/2024 (Mahkamah Rayuan)

    On the evidence as a whole the two SPAs were sham agreements masking an unlicensed moneylending transaction: the presumption under s10OA of the Moneylenders Act 1951 applied and the respondent failed to rebut it; agreements thus fell foul of s15 MA1951 and were unenforceable. The High Court erred in failing to address the moneylending issue; accordingly Appeal 792 and Appeal 802 were allowed, the High Court decision and injunction/order against the 5th defendant were set aside, with costs awarded.