FINNEX CAPITAL SDN. BHD. v PUSAT DIALISIS NUR KASIH SDN. BHD.

wa-22ncc-906-12-2023 High Court (Mahkamah Tinggi) 7 July 2025 • WA-22NCC-906-12/2023

Catchwords

Judgment after Full-Trial - Recovery of an outstanding loan by a registered and licensed moneylender – Whether the agreement is valid and enforceable under Moneylenders Acts 1951 - Whether the Plaintiff had charged interest above the permitted rate of 18% per annum (1.5% per month) under Sec 17A(1) of the MLA – the express term of the loan agreement was governed by Oral Agreements - the Court ruled that the imposition of interest exceed the maximum interest per annum permitted – the agreement were void and unenforceable being in contravention of section 17A(1) of the MLA - Whether section 27A of the MLA prohibiting the employment of an agent by a moneylender has been contravened – Appointment of agent procuring the agreement by way of receiving directly or indirectly valuable consideration rendering the loan agreement void and unenforceable against the Defendant – Both Plaintiff and Defendant’s claim were then dismissed.

Practice Areas

Judgment after Full-Trial

Judges (1)

Ong Chee Kwan Delivered

Parties (2)

FINNEX CAPITAL Sdn Bhd Plaintiff PUSAT DIALISIS NUR KASIH Sdn Bhd Defendant

Case Significance

FINNEX CAPITAL SDN. BHD. v PUSAT DIALISIS NUR KASIH SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated July 7, 2025 (citation: wa-22ncc-906-12-2023). The case was decided by Ong Chee Kwan.

What was the outcome of FINNEX CAPITAL SDN. BHD. v PUSAT DIALISIS NUR KASIH SDN. BHD.?

FINNEX CAPITAL SDN. BHD. v PUSAT DIALISIS NUR KASIH SDN. BHD. is a High Court decision dated July 7, 2025. The case was heard by Ong Chee Kwan. See the full judgment for details.