AJ KASTURI SDN BHD v 1. ) PANNIRSELVAM A/L MANNAR 2. ) UZINANI BINTI MOHD SANI 3. ) NG SEE HUA 4. ) LEE PENG KOON 5. ) LEE LEONG HUAT 6. ) NG SOON TEAM 7. ) TEH HOCK CHUN 8. ) KHOO SAY POOW 9. ) EI KIAN SEONG

b-02ncvcw-995-06-2024 Court of Appeal (Mahkamah Rayuan) 20 August 2025 • B-02(NCvC)(W)-995-06/2024 • 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 (13)

Rastam Singa & Co. Firm 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 Mohd Faiz Bin Abd Rahim Counsel Respondent Nathaniel Low Counsel Respondent R. Thayalan Counsel Respondent Tan Eng Seng Counsel Appellant Wan Nurfarah Izzah binti Wan Arifin Counsel Respondent

Parties (10)

AJ KASTURI Sdn Bhd Appellant Ei Kian Seong Respondent Khoo Say Poow Respondent Lee Leong Huat Respondent Lee Peng Koon Respondent Ng See Hua Respondent Ng Soon Team Respondent Pannirselvam a/l Mannar Respondent Teh Hock Chun 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-995-06-2024). <p>This is one of three related appeals by AJ Kasturi concerning alleged sham land transactions disguising illegal moneylending, heard together with appeals 994 and 1000. The Court of Appeal allowed the appeal, finding the transactions were not genuine commercial deals but rather a scheme involving solicitors who facilitated unlicensed moneylending through property transfers with repurchase options. The case was remitted to the High Court for assessment of damages.</p> 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

This is one of three related appeals by AJ Kasturi concerning alleged sham land transactions disguising illegal moneylending, heard together with appeals 994 and 1000. The Court of Appeal allowed the appeal, finding the transactions were not genuine commercial deals but rather a scheme involving solicitors who facilitated unlicensed moneylending through property transfers with repurchase options. The case was remitted to the High Court for assessment of damages.

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

<p>This is one of three related appeals by AJ Kasturi concerning alleged sham land transactions disguising illegal moneylending, heard together with a...

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