30 Mar 2021
1. ) KHEE SAN BERHAD 2. ) KHEE SAN FOOD INDUSTRIES SDN BHD OCBC AL-AMIN BANK BERHAD
- Citation
- WA-22M-310-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-310-08/2020 (Mahkamah Tinggi)
The court held the Quincecare duty did not apply because the contested disbursements were paid into the customer's own account and not transferred to third parties; therefore the Plaintiffs' claim based on an alleged Quincecare breach disclosed no reasonable cause of action and was obviously unsustainable; accordingly the Plaintiffs' writ and Amended Statement of Claim were struck out and summary judgment entered for the Defendant on its counterclaim for the sums due under the Ijarah and AB‑i facilities, with costs.