21 Jan 2021
LEE CHEONG CHEE (No. K/P: 650626-02-5117) HSBC BANK MALAYSIA BERHAD (No. Syarikat: 127776-V)
- Citation
- WA-22NCC-257-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-257-06/2020 (Mahkamah Tinggi)
The claim was struck out because the alleged Quincecare/tortious duty could not be imposed consistently with the express terms of the Banking Contracts and the factual matrix (plaintiff authorised and repaid transactions and failed to dispute within 60 days); the Bank Negara directive did not create a private cause of action; even if Quincecare applied facts did not meet its threshold; therefore the claim disclosed no reasonable cause of action and was bound to fail.