25 Feb 2021
Khee San Berhad & 1 Lagi Standard Chartered Bank Malaysia Berhad
- Citation
- WA-22NCC-309-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-309-07/2020 (Mahkamah Tinggi)
Although the Amended Statement of Claim disclosed a possible cause of action in negligence, the claim was plainly unsustainable and an abuse of process: the bank had no duty to verify the customer's own commercial documents for EIF transactions, monies were disbursed into the customer's account (breaking causation due to intervening acts by the customer's director), the fraud allegation lacked required particulars, the guarantor lacked locus standi to claim damages, and the action was instituted opportunistically after restructuring failed — therefore striking out under O.18 r.19(1)(b) and/or…