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2025 MarsdenLR 3109

HIGH COURT MALAYA SHAH ALAM
HO KAM CHOY – Appellant
Versus
CHUNG CHIN HIONG – Respondent


Petitioner Advocates:Sandra Tan ,Respondent Advocate: Justin Voon,Tan Ko Xin

Table of Content
1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6)
2. defendant's arguments against plaintiff's claim (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
3. court's observations on legal standards and issues (Para 19 , 20 , 21 , 22 , 23 , 24 , 25)
4. decision rationale and implications (Para 26 , 27)
Choong Yeow Choy JC:

Introduction

[1] Is this the case of a benevolent uncle? It might appear so if the Plaintiff's narrative is accepted. However, according to the Defendant, the reality is quite different.

[2] This case involves the Plaintiff suing the Defendant for the return of monies which, according to the Plaintiff, were advanced as a friendly loan. The Plaintiff is the Defendant's uncle, but the Defendant disputes the claim, asserting instead that the monies received were utilized for share transactions carried out on the Plaintiff's instructions. Notably, the Plaintiff has initiated similar claims against the Defendant's wife and mother.

[3] Additionally, the Plaintiff has filed a separate action against the same Defendant, alleging that another loan was given to fund the Defendant's venture into a cafe business.

[4] Initially, two interlocutory applic

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