Mahkamah merujuk kepada kes Tan Aik Teck V Tang Soon Chye [2007] 5 CLJ 441 yang mana Mokhtar Sidin HMR (sebagaimana beliau pada waktu itu) telah memutuskan bahawa:- “[7] The plaintiff admitted that there was no loan agreement in respect of the loan given to the defendant. The loan given could only be proved by the two cheques which were paid into the defendant's account and also the admission by the defendant that he had put the money into his bank account. Since the defendant had admitted that he had received the two cheques and had credited them into his account, I am of the view that the plaintiff had discharged his burden that the money was a loan unless proven otherwise by the defendant. As such, the burden is on the defendant that the money given to him by the plaintiff was not a friendly loan… ...[12] It is clear to me that the defendant, in particular his counsel, was under the misconception what is meant by a friendly loan. A friendly loan is opposed to the normal borrowing from a moneylender or financial institution. A friendly loan is a loan between two persons based on trust… …[13]In my view, a friendly loan is a loan given by the lender to the borrower based on mutual trust whereby the borrower was to repay the loan within the specified time with no interests charged. For the reasons I have stated, I see no merit in the contention of the defendant in respect of this…”