2 Jul 2020
Tan Boon An Lee Peng Too
- Citation
- BA-11BNCC-9-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-11BNCC-9-10/2019 (Mahkamah Tinggi)
The High Court held the contemporaneous evidence (notably WhatsApp communications, multiple tranches, repeated collection of interest at 5% monthly plus upfront deductions, involvement of third parties and failure to produce bank statements) established the plaintiff was carrying on an unlicensed moneylending business; the statutory presumption under s10OA (or alternatively a factual presumption under s114) was not rebutted and the agreements were therefore unenforceable under s15 Moneylenders Act; the magistrate's judgment was set aside and appeal allowed.