12 Aug 2022
Tan Sook Fuen Lim Tiew Sin
- Citation
- WA-22NCvC-310-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-310-06/2020 (Mahkamah Tinggi)
On the balance of probabilities the totality of pre-contractual and post-contractual conduct (payment of full purchase price before execution, absence of searches, no possession, delayed enforcement and caveat, earlier funding arrangements and repayment evidence RM638,000) established a common intention that the Sale and Purchase Agreement was a sham securing a loan; the transaction therefore contravened the Moneylenders Act and Contracts Act and is unenforceable; plaintiff had no caveatable interest and caveat must be removed.