PUTRAJAYA (Oct 20): The Court of Appeal has upheld a Kuala Lumpur High Court summary judgment that had been entered against Indonesian businessman Datuk Jovian Mandagie over a friendly loan of about RM5 million each given by two companies.

In a majority decision, COA judge Datuk Wong Kian Keong, who sat with judges Datuk Mohd Firuz Jaffril and Datin Paduka Evrol Mariette Peters on Tuesday, ordered the businessman and fashion designer, who is the former son-in-law of former prime minister Datuk Seri Ismail Sabri Yaakob, to pay RM30,000 costs each to Bina Pragmatik Sdn Bhd and Cekap Air Sdn Bhd.

Jovian had wanted to set aside the summary judgment entered against him by the High Court two years ago.

Wong and Firuz, who were in the majority, ruled that the evidential burden shifted on Jovian to show that there is a triable case on whether the sum of RM5 million deposited in his account was an oral friendly loan or for an investment.

“This court rules that there are no triable issues, because the evidential burden is on him (Jovian). There is no personal investment report. Where there is demand, and no denial of debt, it is considered an admission of the debt.

“The High Court decision in both appeals are held, as there are triable issues,” both Wong and Firuz ruled.

Evrol, however, felt that Jovian’s appeal should be allowed as she said that the companies did not show contemporaneous evidence.

“The friendly loan is only referred to in the statement of claim. The cheque issued (for the loan) to Jovian’s solicitors is not sufficient evidence, and the burden is on the two respondents to establish. Jovian denied it was a friendly loan,” she said.

Jovian was represented by Mohd Hafiz Mahmud and Aawaisha Pillai, while Siti Nur Athirazatti Rohaizan and Muhammad Kausar Mohd Khairi appeared for the two companies.

In 2024, High Court judge Datuk Ahmad Fairuz Zainol Abidin (now a COA judge) had entered summary judgment against Jovian and ordered him to pay back both loans plus interest, resulting in the appeal.

Jovian took the alleged friendly loans from Cekap Air director Yong Zhen Wei on Feb 25, 2022 and Bina Pragmatik director Azirul Salihin on March 25, 2022, where the sums (RM5 million from each company) were entered into the businessman’s solicitor’s account.

The directors said the friendly loans were to be paid off within 12 months, where the agreement was made orally and casually, as both of them knew Jovian and had no reason to doubt him being Ismail Sabri's son-in law.

They also said Jovian had never denied or disputed the money loaned to him.

A notice was issued on Jovian in April 2023, following non-payment, but he failed to pay the sum, resulting in the legal action.

Jovian was married to Nina Sabrina Ismail Sabri, with the couple divorcing in 2023.