1. ) ONG PAH KIAN 2. ) TEE JEN TONG v 1. ) KOKELAVANEI A/P KUNJOO 2. ) SUREN A/L SREEDHARAN

ba-22ncvc-266-05-2018 High Court (Mahkamah Tinggi) 6 November 2024 • BA-22NCvC-266-05/2018 • 24 min read
7 cases cited (0 SG, 7 foreign)

Outcome

Conclusion [79] To reiterate, the Plaintiffs’ claim is dismissed, and the counterclaim of the Defendants is allowed. Consequent thereto, the court issues the following orders:- (i) a declaration that the SPA, Trust Deed and PA is null, void and unenforceable; and (ii) an order that the title to the said property is to be surrendered to D1’s solicitors within 7 days from the date of this order.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ba-22ncvc-266-05-2018). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

1st Defendant signed an SPA with Plaintiffs to sell her house-full purchase price paid soon after parties executed the SPA-1st Defendant also executed a Power of Attorney and Trust Deed-claims she only intended to take a loan-laboured under the impression that the documents signed were in respect of a loan taken and the house was furnished as security for that purpose-claims the sale was a sham and a moneylending transaction in disguise-the Plaintiffs claimed that the sale was genuine, seeks declaration to that effect and an order for vacant possession-whether there were unusual features in the transaction entered into indicating the sale was a sham transaction—whether SPA enforceable-section 15 of Moneylenders Act 1951, section 24 of Contracts Act 1950-whether the 1st Defendant is obliged to return the monies received-section 66 of Contracts Act.

Practice Areas

Moneylending Contract

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (4)

Rastam Singa & Co. Firm Satvinder K & Associates Firm R. Thayalan Counsel Plaintiff Satvinder Kaur Counsel Defendant

Parties (4)

Kokelavanei a/p Kunjoo Defendant Ong Pah Kian Plaintiff Suren a/l Sreedharan Defendant Tee Jen Tong Plaintiff

Statutes Cited

Contracts Act
s 66
Contracts Act 1950 (Cap 136)
s 24 s 66
Moneylenders Act 1951
s 15

Cases Cited (7)

UK (4)
[1965] 2 QB 537 [1967] 2 QB 786 [1987] 3 All ER 1008 [1990] 1 AC 417
MY (3)
[2020] 6 MLJ 333 [2023] 6 MLJ 818 [2024] 1 MLJ 825

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-266-05-2018)