SUGI SINAR SDN BHD v BANK MUAMALAT MALAYSIA BERHAD; SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD
[2017] 1 LNS 62 (HC) This was a case between the Plaintiff and Defendant and the Third Party. The Plaintiff’s claim in this case is premised on the tort of negligence against the Defendant in honouring and making payments on a number of cheques signed by signatories whom the Plaintiff alleges to be unauthorized to […]
SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD v ENVIRO PLASTICS SDN BHD
[2016] 1 LNS 1351 (HC) It was implicitly contended by the Defendants that the consideration may be said to be wanting when there exists uncertainty on the sale price under the Dayn Sale Agreement. But the Court held that there was no substance in that argument, if ever that was the argument that the absence […]
DAWN CITY CAR (M) SDB HD & ANOR v. BANK ISLAM MALAYSIA BERHAD
[2016] 1 LNS 145 (CA) The High Court allowed the Respondent’s application to enter summary judgment against the Appellants. The learned Judge found the Defendants’ defence was without merit and bare denials. On the entirety of the evidence the learned Judge found that the Defendants had failed to raise any triable issue and that the […]
SIGMA PELANGI SYSTEMS SDN BHD v SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD
[2016] 1 LNS 943 (CA) It should be noted that the Court strikes out a claim as an abuse of process if the second claim is in effect an attempt to re-litigate the same or essentially the same issue that was decided in the previous suit. This will include issues which are so clearly part […]
SAHARUDIN ABD JABAR v BANK ISLAM MALAYSIA BERHAD
[2015] 1 LNS 1059 (HC) There was no evidence led, to prove any damages that the plaintiff had suffered arising from the negligence of the defendant issuing the first and second letters, and the statement of account. Understandably, the plaintiff would have experienced anxiety and inconvenience, but that does not amount to a claimable damages. […]
SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD v SIGMA PELANGI SYSTEMS SDN BHD
[2015] 1 LNS 261 For the purpose of summary judgment application, the preliminary requirements have been complied with i.e. (i) the defendant has entered appearance; (ii) the statement of claim must have been served on the defendant; and (iii) the affidavit in support of the application must comply with the requirements of r.2 of O. 14 […]
BANK ISLAM MALAYSIA BERHAD v DAWN CITY CAR (M) SDN BHD
[2014] 1 LNS 513 Secara keseluruhanya Defendan-Defendan telah gagal membangkitkan apa-apa isu atau perkara perlu dibicarakan rujuk Cempaka Finance Bhd v. Ho Lai Ying (trading as KH Trading) & Anor [2006] 3 CLJ 544; [2006] 2 MLJ 685. Di dalam kes ini Mahkamah mendapati Plaintif telah berjaya membuktikan suatu kes prima facie terhadap Defendan-Defendan. Kes ini merupakan satu […]
KRISNASAMY THEVARAYAN v CIMB BANK BERHAD
[2013] 1 LNS 454 In this action the Plaintiff is seeking for damages for libel and negligence against the Defendant founded on a Proclamation of Sale published in the Malay Mail newspaper dated 13.9.2002. In its Defence, the Defendant essentially contends (i) they were justified in publishing the Proclamation of sale as the Plaintiff had […]
SITI SALMA BINTI YUSOFF v CIMB BANK BERHAD (TUMPUAN AUTO SDN BHD, THIRD- PARTY)
[2012] 10 MLJ 550 There was no conclusive proof the defendant was unable to pass a good title. Under s 7(1)(b) of the Hire Purchase Act 1967 the ability to pass a good title must be decided at the time when the plaintiff had paid all sums due under the HP agreement. The instant case […]
MALAYAN BANKING BHD v CHING SUIT FEE [2012] 3 CLJ 606 (FC)
The Federal Court held that based on the provision of art. 10(a)(iv) of the UCP 400, upon the presentation of an irrevocable letter of credit to the issuing bank (TBB), it is a mandatory requirement that payment is to be effected upon sight of the said document by the issuing bank. The contract pursuant to […]