Malaysia Case Law: Decisions & Judgments

Topic

Fraud pleadings and particulars

Legal area

Court

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…
20 Feb 2020

Mohd Jasmi Bin Omar Khalijah Binti Hasnan

Citation

BA-B52NCvC-305-10/2018 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B52NCvC-305-10/2018 (Mahkamah Sesyen)

The court found a valid sale and purchase agreement dated 14.7.2017 signed by both parties, the plaintiff had paid the full purchase price and the transfer was approved by the land office; the defendant failed to deliver vacant possession as contracted and failed to plead or prove fraud with particulars; accordingly plaintiff was entitled to specific performance, delivery of vacant possession, contractual liquidated damages of RM100,000, contractual delayed possession damages of RM99,506.85 (and continuing), interest at 5% from filing date and costs of RM9,000.

Malaysia Case Law

Khee San Berhad & 1 Lagi Standard Chartered Bank Malaysia Berhad

Mohd Jasmi Bin Omar Khalijah Binti Hasnan