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2021 MarsdenLR 1260

HIGH COURT MALAYA MUAR
TAY ENG TIAN & ANOR – Appellant
Versus
KOH KOH KIAN – Respondent


Petitioner Advocates:Noor Nabila Shamsudin ,Respondent Advocate: Chew Chin Tai

JUDGMENT

Awang Armadajaya Awang Mahmud JC:

Introduction

[1] This is an application to strike out the Writ of Summons and the Statement of Claim pursuant to O 18 r 19(1)(a) Rules of 2012. No affidavits were filed by virtue of O 18 r 19(2).

[2] The prayers sought for pursuant to Enclosure 7 are as follows:

i. The writ action is to be struck out.

ii. The Plaintiffs is not given liberty to file afresh.

iii. The Plaintiffs are to bear the cost of this application.

[3] The reason for the applications are as follows:

i. According to the Statement of Claim:

a. The Defendant is "an illegal money lender who charge a high interest rate".

b. The Defendant offers to give a loan of RM64,000-00 to the 1st Plaintiff "on the condition that the said property is to be used as a collateral".

c. On 12 June 2015 the Plaintiffs signed an agreement and "the agreement is actually an agreement for money lending without licence which is disguised as a Sale and Purchase Agreement of the said property".

d. "after that the 1st Plaintiff paid the interest sum of RM3,900-00 for the 1st month and subsequently RM3,900-00 for the interest of 2nd month.

ii. Since the writ action is based on the allegation of an illegal action whi


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