Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 10oa presumption

Legal area

Court

5 Jun 2025

LU GIR KUANG 1. ) LLC DEVELOPMENT SDN. BHD. 2. ) LING THOR YUEN

Citation

BA-22NCvC-71-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-71-02/2024 (Mahkamah Tinggi)

On the balance of probabilities the Investment Agreement was a sham and in substance a RM3.5 million loan bearing exorbitant interest; Ng failed to rebut the statutory presumption under s10OA that he was carrying on moneylending business, rendering the Investment Agreement void for illegality; because the Service Agreement was executed as part of the same illegal scheme it is tainted by illegality and unenforceable; accordingly the Plaintiff's claim for RM2.15 million is dismissed and no order as to costs is made.
19 Jul 2022

SURESHRAJ A/L KRISHNAN 1. ) PV POWER ENGINEERING SDN. BHD. 2. ) YUSOF BIN ALI

Citation

B-02(NCC)(W)-138-01/2021 (Mahkamah Rayuan)
Court

NCC
Case number

B-02(NCC)(W)-138-01/2021 (Mahkamah Rayuan)

The Court found on balance that the respondent failed to prove the appellant was carrying on the business of moneylending as defined in s.2 MLA; the s.10OA presumption was rebutted; the PSA (with the 8% per day clause abandoned by appellant) should be treated as a friendly loan; appellant entitled to recover the unpaid principal balance of RM110,000 with interest at 5% p.a. from 25.7.2018 and costs RM35,000.