30 Dec 2020
SURESHRAJ A/L KRISHNAN (NO. K/P : 750704-14-5551) 1. PV POWER ENGINEERING SDN. BHD. (NO. SYARIKAT : 567008 – K) 2. YUSOF BIN ALI (NO. K/P : 700606-11-5353)
- Citation
- BA-22NCC-44-07/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-44-07/2018 (Mahkamah Tinggi)
The PSA was, in substance, a moneylending agreement carrying interest/returns far exceeding the principal; s.10OA presumption was triggered and the Plaintiff failed to rebut it on a balance of probabilities; therefore the PSA is illegal and void under s.15 of the Moneylenders Act 1951, precluding enforcement of the Plaintiff's claim; the private caveat was wrongfully entered and must be removed with damages, but restitution/unjust enrichment claims were not supported.