Vincent Ng J:

As I had expected, this case had to go for full trial. And, I would expect my decision here would be appealed. The defendant is a lawyer. Furthermore, the plaintiff had s. 3 of the Moneylenders Act 1951 to contend with. So, I decided to promptly put pen on paper to write and deliver this decision within a week after the close of trial.

At the commencement of and in the course of the trial the following pertinent facts common between the parties were recorded and recognised by this court.

At all material times, the defendant was a sole proprietor trading under the name and style of Yacob Mat Yim & Rakan-Rakan running a legal practice at No. 93C, Tingkat 2, Jalan Bangsar, 59200 Kuala Lumpur. The defendant had executed an irrevocable and unconditional letter of undertaking dated 26 January 1998 in favour of the plaintiff as contained in 'exh. P1'. The defendant had received a loan in the sum of RM150,000 from the plaintiff by way of a bearer's cheque no. 404389 dated 27 January 1998 which was drawn on Bank Bumiputra Malaysia Berhad, and the defendant had acknowledged receipt of the same by signing on the plaintiff's payment voucher no. 2512 dated 23 January 1998