MAHMOOD OOYUB vs LI CHEE LOONG & OTHER APPEALS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 MarsdenLR 96

COURT OF APPEAL PUTRAJAYA
MAHMOOD OOYUB – Appellant
Versus
LI CHEE LOONG & OTHER APPEALS – Respondent

Petitioner Advocates:Chang Tau Sian ,Respondent Advocate: Lim Chon Sin

JUDGMENT

Lee Swee Seng JCA:

[1] It is not always easy to discern and distinguish the real from the fake, the genuine from the sham. It is often a world of genuine imitation that we find ourselves to be in. It is no different in the seedy world of illegal moneylending or "along" as is our local parlance for it. Human nature being what it is, we are not far from the days of The Merchant of Venice, where Shylock demanded his pound of flesh. If at all, the subterfuge and chicanery have become more sophisticated.

[2] Granted there would be those cases where the transactions are genuine as reflected in the documents and then one party tries to resile from it and alleges it is illegal moneylending. Then on the opposite side would be cases where the moneylending transaction is dressed like an innocuous sale and purchase transaction where it is argued that the court should not go beyond its four walls for otherwise no transaction would be certain.

[3] The court would always, in cases of this nature, have to tread cautiously where one side alleges a clandestine operation camouflaged as a conveyance of property and the other cries foul. The court would look for suspicious circumstances or unusua

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2020 MarsdenLR 96

COURT OF APPEAL PUTRAJAYAMAHMOOD OOYUB – AppellantVersusLI CHEE LOONG & OTHER APPEALS – Respondent

COURT OF APPEAL PUTRAJAYA
MAHMOOD OOYUB – Appellant
Versus
LI CHEE LOONG & OTHER APPEALS – Respondent