3 Feb 2025
PERSPEKTIF MASA SDN BHD SABAH DEVELOPMENT BANK BERHAD
- Citation
- BA-22NCvC-490-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-490-11/2023 (Mahkamah Tinggi)
The court held that the plaintiff’s claim was plainly unsustainable because the written bank guarantee and facility agreements unequivocally permitted payment on demand without the bank investigating disputes between beneficiary and principal; the plaintiff accepted and benefited from the facilities and later converted the paid guarantee into a term loan, there was no adequate evidence of unconscionable conduct or of any duty on the bank to investigate, therefore the strike‑out application succeeds.