APE Electrical Sdn Bhd v Chandra Segar a/l L Marullamulth & Anor and another appeal [2023] 1 MLJ 557

COURT OF APPEAL (PUTRAJAYA)
YAACOB MD SAM, RAVINTHRAN AND GUNALAN MUNIANDY JJCA
CIVIL APPEAL NOS B-02(NCVC)(W)-1785–09 OF 2018 AND B-02(NCVC)(W)-1786–09 OF 2018
21 September 2022

Contract — Agreement — Agreement between plaintiff and defendant — Whether agreement was a money lending or sale and purchase transaction — Whether sale and purchase agreements were sham documents — Whether alleged interest payment proven — Whether first defendant was moneylender — Whether there was misrepresentation against plaintiff — Moneylenders Act 1951

Misrepresentation — Representation by defendant’s consultant to plaintiff — Whether there was innocent misrepresentation — Whether plaintiffs were misrepresented into signing sale and purchase agreements — Whether there was false statement of fact — Contracts Act 1950 s 18