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).
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-307-05-2024)