[1] Appeal No W-02–665 of 2004 and Appeal No W-02–619 of 2000 were heard jointly.

[2] For convenience of reference, in this judgment, Kuala Lumpur High Court Civil Suit No D5–22–363 of 2000 will be referred to as ‘the D5 Civil Suit’ and appeal therefrom (Appeal No W-02–619 of 2000) as ‘the Civil Suit appeal’. As for Kuala Lumpur High Court Originating Summons No S2–24–2274 of 1999, this will be referred to the ‘D2 OS’ and appeal therefrom (Appeal No W-02–619 of 2000) as ‘the OS appeal’.

[3] Parties will be referred to as follows: AEH Capital Sdn Bhd, the plaintiff in the High Court in respect of both proceedings (the D5 Civil Suit and the D2 OS), will be referred to as ‘AEH’; AM-EL Holdings Sdn Bhd, the first defendant in the D5 Civil Suit and the defendant in the D2 OS will be referred to as ‘AM-EL’; Tempamas Sdn Bhd, the second defendant in the D5 Civil Suit as ‘TSB’; and Low Koon Chuan, the third defendant in the D5 Civil Suit will be referred to as ‘Low’ or as ‘guarantors’ jointly.

[4] Unless expressly stated, reference to any legal provision refers to the Moneylenders Act 1951 (‘the Act’).

KUALA LUMPUR HIGH COURT ORIGINATING SUMMONS NO S2–24–2274 OF