P.G. DORAISAMY A/L P.GOPAL v 1. ) PANG YOKE SAM 2. ) LENNY VELINTINO A/L JAMES
Catchwords
Friendly Loan / Personal Loan – An informal loan often between acquaintances, lacking a formal written agreement – Nature of the Advance – Whether the RM 1.2 million was a friendly/personal loan for a house in the US (as the Plaintiff claimed) or a conduit for an investment scheme to manipulate Jetson Berhad shares (as the Defendants claimed). Repayment Terms & Limitation Period – Whether there was a specific agreement to repay the loan within 10 years (by 2023), or if the claim was barred by the 6-year limitation period under Section 6 of the Limitation Act. Nature & Timing of the Cheque – Whether the UOB Singapore cheque was given in 2013 as security for the loan or in 2023 as a fresh repayment. Inchoate Instruments & Reasonable Time – Definition - Inchoate Instrument – An incomplete legal document (like a blank signed cheque) that the holder has prima facie authority to complete – Whether the Plaintiff had the right to fill in the particulars of a blank cheque 10 years after receiving it, and if that right was exercised within a reasonable period of time under Section 20 of the Bills of Exchange Act 1949 – Evasion of Limitation Act – Whether banking in the cheque 10 years later was a bad-faith attempt to reset the limitation clock or an abuse of the instrument. Liability of the 1st Defendant – Whether the wife (1st Defendant) was personally liable for a loan disbursed into her account under the instructions of her husband (2nd Defendant).
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-307-05-2024)