Yeow Guang Cheng v Tang Lee Hiok & Ors [2020] MLJU 1936

HIGH COURT (SHAH ALAM)
WONG KIAN KHEONG J
SIVIL SUIT NO BA-22NCVC-423-07 OF 2017
8 November 2020

JUDGMENT

(After trial)A. Introduction

[1]  This judgment essentially concerns whether –

  • (1)a sale of the plaintiff’s (Plaintiff) property in a piece of land (Land) [on which three units of three-storey terrace house (Property) are erected] to the first to fourth defendants (“1st Defendant” to “4th Defendant”); and
  • (2)the subsequent registration of the transfer of the Land from the Plaintiff to the 1st to 4th Defendants (Transfer) under the National Land Code (NLC)

– is genuine or an unlicensed moneylending business which is prohibited by s 5(1) of the Moneylenders Act 1951 (MA). The Plaintiff has alleged in this case that the fifth defendant (5th Defendant), a practising Advocate and Solicitor (A&S), abetted the 1st to 4th Defendants in the commission of an unlicensed moneylending business by disguising it as a sale of the Property.