The High Court upheld the right to restitution of a Plaintiff who was alleged to be an unlicensed moneylender who entered into a moneylending agreement with the Defendant. In arriving at the decision, the learned Judicial Commissioner has made extensive reference to the principle enunciated in the UK Supreme Court case of Patel v Mirza [2016] UKSC 42 and held, inter alia, that although the moneylending agreement between the Plaintiff and the Defendant was tainted by illegality, the Court must have regard to the principle of proportionality and that in ordering restitution, the Court is not advancing the interests of the party who perpetrated the illegality but merely putting parties into the position where the illegality had never taken place.   

Amos Ho Chern Wey acted for the successful Plaintiff.