ENERVIVE CONSULTANCY SDN BHD (Dahulunya dikenali sebagai MHA59 TECH SDN BHD) v 1. ) Jabatan Ketua Menteri Melaka 2. ) SSN MEDICAL PRODUCTS SDN BHD 3. ) Ang Teck Leong 4. ) Ravendran A/l Utrapathy

ma-22ncvc-52-10-2020 High Court (Mahkamah Tinggi) 22 September 2025 • MA-22NCvC-52-10/2020

Catchwords

"Moneylender's Act 1951 - Plaintiff granted to the Second Defendant a loan amounting to RM3million pursuant to a scheme for the acquisition of shares in Second Defendant company - Clause 5 of the Loan Agreement provided for the imposition of interest at the rate of 7% per annum to be paid on monthly basis. In the event of default an additional 3% interest will be imposed - The Loan was secured by personal guarantees executed by the Third and Fourth Defendants and in addition to that charge of their shares in the Second Defendant - Second Defendant then agreed to enter into a joint partnership with the First Defendant - Plaintiff agreed to not object to that partnership in consideration of an undertaking given by the First Defendant on the settlement of the Second Defendant's loan - A settlement agreement was entered into between the Plaintiff and the Second to the Fourth Defendants and repayment schedule was agreed - The Second Defendant only made part payment and failed to make further payments - The Plaintiff's claim is for RM2,357,498.22. The main issue is whether the Loan Agreement is a moneylending transaction and guided by the Federal Court decision in Triple Zest Trading & Supplies & Ors v Applied Business Technologies Sdn Bhd [2023] 6 MLJ 818/ [2023] 10 CLJ 187 whether the Loan Agreement is void ab initio notwithstanding that the loan is granted pursuant to a genuine acquisition exercise. Held: Court is bound by the decision of the Federal Court. The provision of interest renders the loan as moneylending and is therefore void ab initio - The Plaintiff's claim is dismissed with costs".

Judges (1)

Mohd Radzi bin Abdul Hamid Delivered

Parties (5)

ENERVIVE CONSULTANCY Sdn Bhd Plaintiff Jabatan Ketua Menteri Melaka Defendant SSN MEDICAL PRODUCTS Sdn Bhd Defendant Ang Teck Leong Defendant Ravendran a/l Utrapathy Defendant

Case Significance

ENERVIVE CONSULTANCY SDN BHD (Dahulunya dikenali sebagai MHA59 TECH SDN BHD) ... is a High Court (Mahkamah Tinggi) decision dated September 22, 2025 (citation: ma-22ncvc-52-10-2020). The case was decided by Mohd Radzi bin Abdul Hamid.

Key issues: Held: Court is bound by the decision of the Federal Court. The provision of interest renders the loan as moneylending and is therefore void ab initio - The Plaintiff's claim is dismissed with costs"..

What was the outcome of ENERVIVE CONSULTANCY SDN BHD (Dahulunya dikenali sebagai MHA59 TECH SDN BHD) ...?

ENERVIVE CONSULTANCY SDN BHD (Dahulunya dikenali sebagai MHA59 TECH SDN BHD) ... is a High Court decision dated September 22, 2025. The case was heard by Mohd Radzi bin Abdul Hamid. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ma-22ncvc-52-10-2020)