19 May 2025
1. ) HO YOKE KIEN 2. ) LOH WOON PEI CHOW HENG
- Citation
- BA-12BNCC-15-10/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCC-15-10/2024 (Mahkamah Tinggi)
The transfers were in substance a loan of RM200,000 with RM4,000 monthly payments and repayable on demand; proof of a loan at interest invoked the statutory presumption in section 10OA MA1951 which the plaintiff failed to rebut; accordingly the agreement was rendered unenforceable by section 15 MA1951 and void under section 24 Contracts Act 1950; the appeal was allowed and the Sessions Court judgment set aside with costs to the defendants.