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 • 27 min read
2 cases cited (0 SG, 2 foreign)

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.

Judges (1)

Ong Chee Kwan Delivered

Counsel (7)

Bishan & Partners Firm Khalil Surinder & Associates Firm Chiam Fui Ting Counsel Plaintiff Nurul Syahira Najwa binti Mohd Rosli Counsel Plaintiff Roshvinder Singh A/L Harbindar Singh Counsel Defendant Satvinder Singh A/L Hardial Singh Counsel Defendant Teoh Bi Shan Counsel Plaintiff

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.

Statutes Cited

Contracts Act 1950 (Cap 136)

Cases Cited (2)

MY (2)
[2020] MLJU 1868 [2023] 6 MLJ 818

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-906-12-2023)