10 Feb 2022
BA-22NCvC-275-06/2018 (Mahkamah Tinggi)
- Citation
- BA-22NCvC-275-06/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-275-06/2018 (Mahkamah Tinggi)
On the totality of contemporaneous documents and witness evidence the SPA of 10.1.2013 was a sham used to disguise an interest-bearing loan; the Settlement Agreement of 19.11.2014 flowed from that illegal SPA and is tainted; the Defendant carried on unlicensed moneylending and obtained Sessions Court judgment by relying on documents and representations that masked the illegality; accordingly the Sessions Court judgment was set aside and the Defendant is not entitled to the RM450,000 claimed under the settlement; monetary losses lie where they fall and each party bears own costs.