AJ KASTURI SDN BHD v 1. ) PANNIRSELVAM A/L MANNAR 2. ) UZINANI BINTI MOHD SANI 3. ) NG SEE HUA 4. ) NG SOON TEAM 5. ) TEE JEN TONG 6. ) ABLE DYNAMIC TRADING SDN BHD

b-02ncvcw-1000-06-2024 Court of Appeal (Mahkamah Rayuan) 20 August 2025 • B-02(NCvC)(W)-1000-06/2024 • 47 min read
13 cases cited (0 SG, 13 foreign)

Catchwords

Whether sale and purchase of land transactions were sham transactions- Whether illegal moneylending transactions were disguised as genuine sale and purchase transactions - Whether it is appropriate for the court to scrutinise the documents and transactions when there is an allegation of illegal money lending activities - Whether the doctrine of in pari delicto and ex turpi causa non oritur action applicable-Whether the trail court was plainly wrong

Practice Areas

Whether sale and purchase of land transactions were sham transactions- Whether illegal moneylending transactions were disguised as genuine sale and purchase transactions

Judges (3)

Ahmad Fairuz bin Zainol Abidin Delivered Faizah binti Jamaludin Coram Mohd Nazlan bin Mohd Ghazali Coram

Counsel (11)

Ringo Low & Associates Firm Robert Low & Ooi Firm T.S. Hariharan & Partners Firm Ahmad Shahrizal Bin Abdul Aziz Counsel Respondent Chong Lip Yi Counsel Respondent Dato' Harihanan Tara Singh Counsel Appellant Datuk Ringo Low Kim Leng Counsel Respondent Nathaniel Low Counsel Respondent R. Thayalan Counsel Respondent Tan Eng Seng Counsel Appellant Wan Nurfarah Izzah binti Wan Arifin Counsel Respondent

Parties (7)

ABLE DYNAMIC TRADING Sdn Bhd Respondent AJ KASTURI Sdn Bhd Appellant Ng See Hua Respondent Ng Soon Team Respondent Pannirselvam a/l Mannar Respondent Tee Jen Tong Respondent Uzinani binti Mohd Sani Respondent

Case Significance

AJ KASTURI SDN BHD v 1. ) PANNIRSELVAM A/L MANNAR 2. ) UZINANI BINTI MOHD SAN... is a Court of Appeal (Mahkamah Rayuan) decision dated August 20, 2025 (citation: b-02ncvcw-1000-06-2024). <p>Three related appeals by MA Joseph Capital and AJ Kasturi challenged the High Court's finding that their land sale and purchase transactions with the respondents were genuine commercial transactions. The Court of Appeal found overwhelming evidence that the transactions were sham agreements disguising illegal moneylending activities, including suspicious pricing, immediate repurchase options, and the involvement of solicitors who facilitated the scheme. All three appeals were allowed and the H The panel comprised Ahmad Fairuz bin Zainol Abidin, Faizah binti Jamaludin and Mohd Nazlan bin Mohd Ghazali, with Ahmad Fairuz bin Zainol Abidin delivering the judgment.

Summary

Three related appeals by MA Joseph Capital and AJ Kasturi challenged the High Court's finding that their land sale and purchase transactions with the respondents were genuine commercial transactions. The Court of Appeal found overwhelming evidence that the transactions were sham agreements disguising illegal moneylending activities, including suspicious pricing, immediate repurchase options, and the involvement of solicitors who facilitated the scheme. All three appeals were allowed and the High Court's decision was set aside, with damages to be assessed.

What was the outcome of AJ KASTURI SDN BHD v 1. ) PANNIRSELVAM A/L MANNAR 2. ) UZINANI BINTI MOHD SAN...?

<p>Three related appeals by MA Joseph Capital and AJ Kasturi challenged the High Court's finding that their land sale and purchase transactions with t...

Statutes Cited

Contracts Act 1950 (Cap 136)
Moneylenders Act 1951
s 15

Cases Cited (13)

UK (1)
[1947] AC 484
MY (12)
[1950] 1 MLJ 255 [1985] 2 MLJ 291 [1997] 3 MLJ 693 [2004] 4 CLJ 309 [2004] 6 AMR 781 [2010] 9 CLJ 785 [2020] 6 MLJ 333 [2020] 6 MLJ 755 [2020] MLJU 1469 [2021] 2 MLJ 6 [2022] 5 MLJ 584 [2023] 6 MLJ 818