AMAL DASS A/L PIRAVALASAMY v BPV MANAGEMENT AND PROPERTIES SDN BHD
Catchwords
1. The Defendant’s application is dismissed. 2. The principal issue is whether the Moneylending Agreement is enforceable under s.16(1) of the Moneylenders Act 1951. 3. The loan was disbursed before a duly stamped copy was delivered to the Plaintiff, contrary to the mandatory requirement of s.16(1). 4. Applying Powernet Industries, estoppel or waiver cannot cure statutory non-compliance, and equity cannot override Parliament’s command. 5. The Agreement is unenforceable; accordingly, the charge and lien holder’s caveat cannot stand. 6. Orders: Agreement declared void; charge set aside; caveat removed; costs to the Plaintiff.
Practice Areas
1. The Defendant’s application is dismissed. 2. The principal issue is whether the Moneylending Agreement is enforceable under s.16(1) of the Moneylenders Act 1951. 3. The loan was disbursed before a duly stamped copy was delivered to the Plaintiff, contrary to the mandatory requirement of s.16(1). 4. Applying Powernet Industries, estoppel or waiver cannot cure statutory non-compliance, and equity cannot override Parliament’s command. 5. The Agreement is unenforceable; accordingly, the charge and lien holder’s caveat cannot stand. 6. Orders: Agreement declared void; charge set aside; caveat removed; costs to the Plaintiff.
Judges (1)
Case Significance
AMAL DASS A/L PIRAVALASAMY v BPV MANAGEMENT AND PROPERTIES SDN BHD is a High Court (Mahkamah Tinggi) decision dated October 1, 2025 (citation: ja-24ncc-34-08-2024). The case was decided by Noradura binti Hamzah.
Key issues: 1. The Defendant’s application is dismissed..
What was the outcome of AMAL DASS A/L PIRAVALASAMY v BPV MANAGEMENT AND PROPERTIES SDN BHD?
AMAL DASS A/L PIRAVALASAMY v BPV MANAGEMENT AND PROPERTIES SDN BHD is a High Court decision dated October 1, 2025. The case was heard by Noradura binti Hamzah. See the full judgment for details.