WONG THIAN CHOY & ANOR vs GOODNITE SDN BHD & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 973

HIGH COURT MALAYA SHAH ALAM
WONG THIAN CHOY & ANOR – Appellant
Versus
GOODNITE SDN BHD & ANOR – Respondent

Petitioner Advocates:June Yap Zhen Jun,Ong Swee Long ,Respondent Advocate: Angus Tiong Chau Siong,Tan Boon Hoong

Table of Content
1. this action involves claims of friendly loans against a company's directors. (Para 1 , 2 , 3)
2. the essential facts establishing loan agreements and defendant's authority. (Para 4 , 5)
3. description of the evidence supporting the plaintiffs' claims. (Para 6 , 7 , 8 , 9)

A. Introduction

[1] This is a suit (This Action) by two plaintiffs (Plaintiffs) who claim that they have given "friendly loans" totaling RM3,000,000.00 (Plaintiffs' Loans) to the first defendant company (1st Defendant). The 1st Defendant has resisted This Action with a whole host of defences, including an allegation that the Plaintiffs' Loans are prohibited by the Moneylenders Act 1951 ( MA ).

B. Issues

[2] The following questions, among others, arise in This Action:

(1) whether the 1st Defendant is bound by contracts in writing entered by the 1st Defendant under its common seal. This question discusses the effect of s 35(4)(a) of the Companies Act 1965 [ CA (1965)]. This case does not concern the application of the present Companies Act 2016 (which comes into force on 31 January 2017);

(2) could the Plaintiffs rely on the "Indoor Management Rule" and assume that a director of the 1st Defendant had

Click Here to Read the rest of this document

2019 MarsdenLR 973

HIGH COURT MALAYA SHAH ALAMWONG THIAN CHOY & ANOR – AppellantVersusGOODNITE SDN BHD & ANOR – Respondent

Cases Referred (4)

HIGH COURT MALAYA SHAH ALAM
WONG THIAN CHOY & ANOR – Appellant
Versus
GOODNITE SDN BHD & ANOR – Respondent