30 Dec 2021
Lee Hock Hin 1. A. Logesvary a/p Arikrishna 2. Standard Chartered Bank Malaysia Berhad
- Citation
- BA-22NCvC-102-02/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-102-02/2019 (Mahkamah Tinggi)
The SPA was a sham designed to disguise a loan; however the Plaintiff was not proved to be a 'moneylender' within the Moneylenders Act because the 1st Defendant failed to plead and prove the s.10OA presumption and failed to show system, repetition or evidence of interest paid; accordingly specific performance was denied, the admitted loan of RM180,000 was ordered repaid by the 1st Defendant to the Plaintiff within three months after the Plaintiff withdraws the improper private caveat and notifies the 1st Defendant, and post-judgment interest at 5% per annum runs from the expiry of that three-…