9 Jan 2022
Diyana binti Anuar Bank Kerjasama Rakyat Malaysia Berhad
- Citation
- JA-12AM-1-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12AM-1-07/2021 (Mahkamah Tinggi)
The JID was regular because service was effected pursuant to the Facility Agreement and Order 10 rule 3; the defendant failed to establish a prima facie defence as her denial of signing was contradicted by her receipt and use of the disbursed funds and she produced no evidence of the alleged refinancing scheme; criminal acts by an employee were held to be outside the course of employment so could not be imputed to the bank; accordingly there was no basis to set aside the JID and the appeal was dismissed.