28 May 2021
AFFIN BANK BERHAD (No. Syarikat : 25046-T) DINESH KANAVAJI A/L KANAWAGI (No. K/P: 781121-07-5119)
- Citation
- WA-22NCC-251-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-251-06/2020 (Mahkamah Tinggi)
Court held the Loan Agreements are separate and independent obligations from the Deeds of Assignment; the Defendant's claim that the agreements were frustrated is self-induced because prior judgments established the Defendant's misuse of Trust funds to acquire the properties; consequently the Defendant remains contractually liable under the Loan Agreements; the Defendant's counterclaim arising from his unlawful acts cannot succeed; the questions posed under Order 14A were suitable for determination and summary judgment was granted to Plaintiff with costs.