GOLDEN WHEEL CREDIT SDN BHD v DATO' SIAH TEONG DIN

w-02nccw-757-05-2023 Court of Appeal (Mahkamah Rayuan) 20 July 2025 • W-02(NCC)(W)-757-05/2023 • 29 min read
28 cases cited (2 SG, 26 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (7)

Parties (2)

Case Significance

GOLDEN WHEEL CREDIT SDN BHD v DATO' SIAH TEONG DIN is a Court of Appeal (Mahkamah Rayuan) decision dated July 20, 2025 (citation: w-02nccw-757-05-2023). <p>Golden Wheel Credit, a licensed moneylender, sued Dato' Siah Teong Din for repayment of RM3.5 million in loans that were disbursed to Instant Bonus Sdn Bhd, a property development company. The High Court held the moneylending agreements were illegal and void, but the Court of Appeal reversed, finding the agreements were void (not illegal) for being in the wrong prescribed form and granted restitution of RM3,383,500 under section 66 of the Contracts Act 1950.</p> The panel comprised Azhahari Kamal bin Ramli, Faizah binti Jamaludin and Ravinthran a/l Paramaguru, with Faizah binti Jamaludin delivering the judgment. Counsel appearing: Alfred Lai Choong Wui (counsel for appellant), Derek Chin Tze Qi (counsel for respondent), Ho Weng Sze (counsel for appellant), Toh Mei Swan (counsel for appellant), Wai Chong Khuan (counsel for respondent).

Summary

Golden Wheel Credit, a licensed moneylender, sued Dato' Siah Teong Din for repayment of RM3.5 million in loans that were disbursed to Instant Bonus Sdn Bhd, a property development company. The High Court held the moneylending agreements were illegal and void, but the Court of Appeal reversed, finding the agreements were void (not illegal) for being in the wrong prescribed form and granted restitution of RM3,383,500 under section 66 of the Contracts Act 1950.

What was the outcome of GOLDEN WHEEL CREDIT SDN BHD v DATO' SIAH TEONG DIN?

<p>Golden Wheel Credit, a licensed moneylender, sued Dato' Siah Teong Din for repayment of RM3.5 million in loans that were disbursed to Instant Bonus...

Statutes Cited

Contracts Act
s 66

Cases Cited (28)

SG (2)
[2014] SGCA 28 [2018] SGCA 5
MY (26)
[1973] 2 MLJ 154 [1977] 1 MLJ 91 [1980] 1 MLJ 21 [1981] 1 MLJ 14 [2013] 8 CLJ 516 [2014] 11 MLJ 464 [2014] 3 CLJ 141 [2014] 3 MLJ 301 [2018] 10 CLJ 147 [2018] 4 MLJ 594 [2018] 7 AMR 105 [2018] 8 CLJ 663 [2018] AMEJ 0404 [2018] MLJU 711 [2019] 1 CLJ 183 [2019] 1 MLJ 141 [2019] 4 MLJ 141 [2020] 6 MLJ 755 [2021] 3 CLJ 772 [2021] 4 MLJ 537 [2023] 10 CLJ 187 [2023] 6 MLJ 818 [2023] 8 AMR 225 [2025] 3 AMR 461 [2025] 3 MLJ 22 [2025] 4 CLJ 159