Introduction

[1] This is a judgment delivered after trial.

[2] The plaintiff is a licensed moneylender.

[3] In this action, the plaintiff is seeking to recover the money lent out in the course of its business based on the doctrine of unjust enrichment instead of claiming in, contract. This is because in carrying out the moneylending transactions in this case, the plaintiff had failed to comply and, in fact, had contravened certain material provisions of the Moneylenders Act 1951 which had the effect of rendering the moneylending transactions void and unenforceable. The main issue is whether a claim based on unjust enrichment or money had and received is permitted to get around the contraventions stipulated in the .

Background Facts

[4] The plaintiff is a licensed moneylender under the Moneylenders Act 1951 and has its registered address at D3A-M (Suite B), Jalan Selaman 1, Dataran Palma, Off Jalan Ampang, 68000 Ampang, Selangor Darul Ehsan and its business address at Suite 8.02, 8th Floor (North Block), The Ampwalk 218, Jalan Ampang, 50460 Kuala Lumpur, Wilayah Persekutuan.

[5] At all material times, the defendant is and was a director and a shareholder of one Ins