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)

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.

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

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