25 May 2023
1. ) PERAYANAN CHANDRASEGARAN 2. ) P SARTHA 1. ) Raman A/l Othayanan 2. ) Pathmavathi A/p Sekaran
- Citation
- JA-22NCvC-250-12/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCvC-250-12/2018 (Mahkamah Tinggi)
Plaintiffs failed to prove, on the balance of probabilities, that the alleged cash loans were delivered to defendants; key witnesses and pawnshop evidence were not produced and an adverse inference was drawn; contemporaneous documents were ambiguous and not self-explanatory; the documents evidenced interest and thus the transactions amounted to unlicensed moneylending under the Moneylenders Act 1951 making the loan documents void and public policy barred restitution, therefore the claim was dismissed with costs.