30 Mar 2021
1. ) KHEE SAN BERHAD 2. ) KHEE SAN FOOD INDUSTRIES SDN BHD MAYBANK ISLAMIC BERHAD
- Citation
- WA-22M-35-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-35-02/2021 (Mahkamah Tinggi)
The Quincecare duty is inapplicable where finance/disbursements were paid into the customer’s own account rather than being transferred to third parties; accordingly the Amended Statement of Claim fails to establish a viable negligence cause based on Quincecare and discloses no reasonable prospect of success, and the 1st Plaintiff guarantor lacks locus standi absent loss — therefore the pleadings are struck out under O.18 r.19 ROC 2012.