XXXX v Kho Kok Hong

22ncvc-139-02-2012 High Court (Mahkamah Tinggi) 11 February 2026 • 22NCVC-139-02/2012 • 29 min read

14 cases cited (0 SG, 14 foreign)

Outcome

Thus, the claim is dismissed with costs. Likewise, this Court finds, on a balance of probabilities, that the Defendant has failed to prove his counterclaim; and therefore, the counterclaim is dismissed with costs.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (22ncvc-139-02-2012). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

1. The central issue in this case is whether the Plaintiff could offer the Loan to the Defendant under the Loan Agreement, as it is disputed that the transaction contravenes the Moneylenders Act 1951 (MA 1951). 2. This Court found that the Loan Agreement is unlawful, unenforceable, and in violation of MA 1951, the Plaintiff is not entitled to any remedy. In such a situation, the Defendant is also not entitled to a refund of the Part Payments as claimed in the Defendant’s counterclaim.

Practice Areas

Moneylending Banking & Finance

Judges (1)

Suzana binti Muhamad Said Delivered

Counsel (5)

Alex Tan Chie Sian Firm Hong Chew King & Co. Firm Alex Tan Chie Sian Counsel Plaintiff Cheah Kha Mun Counsel Plaintiff Hong Chong Hang Counsel Defendant

Parties (1)

Kho Kok Hong Defendant

Statutes Cited

Contracts Act 1950 (Cap 136)

Evidence Act 1950 (Cap 56)

Limitation Act 1953 (Cap 254)

Cases Cited (14)

UK (2)

[1957] 1 QB 267 [1993] 3 All ER 65

MY (12)

[1995] 3 MLRH 196 [1995] 4 CLJ 670 [1995] 4 MLJ 673 [2014] 4 AMR 301 [2014] 4 MLJ 465 [2014] 6 CLJ 269 [2019] 5 AMR 201 [2019] MLJU 1552 [2020] 4 MLJ 93 [2020] MLJU 1936 [2023] 10 CLJ 187 [2023] 8 AMR 225

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (22ncvc-139-02-2012)