RENUGA A/P VARATBARAJU menyaman sebagai Wasi dan Pemegang Amanah Harta Pusaka Varatbaraju A/L Munusamy, simati v LIBRA ATLANTIC SDN. BHD

wa-22ncvc-59-02-2021 High Court (Mahkamah Tinggi) 8 May 2025 • WA-22NCvC-59-02/2021

Catchwords

In this action, the plaintiff seeks to set aside a Consent Judgment entered into between her and the defendant. This Consent Judgment stems from an action filed in the Shah Alam High Court. The plaintiff claims that the Consent Judgment was obtained through a sham Sale and Purchase Agreement entered into between her late father and the defendant. the defendant, according to her, is an illegal moneylender. In light of the evidence, it is clear that the Sale and Purchase Agreement is a sham. Thus, the court concludes that the Consent Judgment should also be impeached as it contravenes Sections 5 and 17 of the Moneylenders Act 1951 as well as Sections 2(g) and 24 of the Contracts Act 1950. In light of the above, the plaintiff’s claim is allowed with costs.

Judges (1)

Raja Ahmad Mohzanuddin Shah bin Raja Mohzan Delivered

Parties (2)

LIBRA ATLANTIC Sdn Bhd Defendant Renuga a/p Varatbaraju Menyaman Sebagai Wasi Dan Pemegang Amanah Harta Pusaka Varatbaraju a/l Munusamy, Simati Plaintiff

Judgment

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Source: eJudgment (wa-22ncvc-59-02-2021)