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2023 MarsdenLR 559

COURT OF APPEAL PUTRAJAYA
TRIPLE ZEST TRADING & SUPPLIERS SDN BHD & ORS – Appellant
Versus
APPLIED BUSINESS TECHNOLOGIES SDN BHD & ANOTHER APP.... – Respondent


Petitioner Advocates:Hong Chong Hang,Koay Jing Qian ,Respondent Advocate: Ahmad Hazrin Abdul Rahman

Table of Content
1. overview of appeals for breach of loan agreement. (Para 1 , 2 , 3)
2. details on the nature and claims of the loan agreement. (Para 8 , 21)
3. application and effects of the moneylenders act. (Para 23 , 24 , 38 , 39)
4. final resolution regarding the appeals outcomes. (Para 50 , 51)
Supang Lian JCA:

Introduction

[1] In the High Court, Applied Business Technologies Sdn Bhd (plaintiff at the High Court and respondent in Appeal 765) commenced an action against Triple Zest Trading & Suppliers Sdn Bhd, Junaidah binti Leman, Muhamad Fairuz bin Roslan and Mumtaz Syafinaz binti Roslan (the 1st, 2nd, 3rd and 4th defendants respectively at the High Court and appellants in Appeal 765) for breach of a friendly loan agreement and a "Personal Guarantee by Director".

[2] On 19 June 2020, after a full trial, the High Court had allowed the plaintiffs' claim in part in terms as follows:

(a) 1st, 2nd and 3rd defendants pay the sum of RM1,600,000.00 to the plaintiff;

(b) interest at the rate of 4% per annum on the judgment sum from the date of judgment until the date of full settlement; and

(c) cost of RM8,000.00 to be paid by the 1st, 2nd and 3rd defendants to the plaintiff and no costs to t

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