28 Jun 2021
MOHAMAD HAFIZZI BIN HAMDAN THIAGARAJAN ABDUL HAFIIZ BIN HAJI ABDULLAH
- Citation
- WA-22NCC-452-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-452-09/2020 (Mahkamah Tinggi)
The court found the agreement was in substance a loan with an interest element, the plaintiff was not a licensed moneylender, the presumption under s10OA applied and was not rebutted (multiple similar loans showed continuity), therefore the agreement was illegal and unenforceable under s15 of the Moneylenders Act, and the claim constituted an abuse of process that was a plain and obvious case for striking out under Order 18 Rule 19(1).