8 Jul 2025
FINNEX CAPITAL SDN. BHD. PUSAT DIALISIS NUR KASIH SDN. BHD.
- Citation
- WA-22NCC-906-12/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-906-12/2023 (Mahkamah Tinggi)
The Court found the real bargain was governed by oral agreements charging 3.5% p.m. then 2% p.m. with a bullet repayment, which exceeded the statutory 18% p.a. cap in s17A(1) MLA and therefore rendered the agreements void ab initio; the Court also found that Gallen Lee/FG Capital acted as agent/canvasser receiving consideration contrary to s27A MLA; the Plaintiff's ledger entries were a sham and could not salvage enforceability; accordingly the Plaintiff's claim was dismissed and the Defendant's counterclaim for damages was dismissed for failure to prove causation, with costs awarded to the D…