Malaysia Case Law: Decisions & Judgments

Topic

Unclaimed monies

Legal area

Court

7 May 2025

PUBLIC BANK BHD 1. ) SEE SWEE KEAT 2. ) HENG SAU WAH

Citation

WA-12BNCvC-93-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-93-08/2024 (Mahkamah Tinggi)

The High Court allowed the appeal because the plaintiffs failed to prove on the balance of probabilities that the subject fixed deposits remained outstanding; the plaintiffs could not produce original renewed receipts or supporting current account records, the bank's contemporaneous records and Registrar of Unclaimed Money inquiry showed no outstanding balances, and an adverse inference was properly drawn for non-production; the Sessions Court had therefore misdirected itself by reversing the burden of proof.
7 May 2025

PUBLIC BANK BHD 1. ) SEE SWEE KEAT 2. ) HENG SAU WAH

Citation

WA-12BNCvC-93-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-93-08/2024 (Mahkamah Tinggi)

On the evidence the Plaintiffs failed to prove the fixed deposit sums remained outstanding: the subject receipts had been renewed and replaced, the Plaintiffs did not possess originals or produce current account statements, record-retention rules and JAN enquiries undermined the Plaintiffs' case, and an adverse inference under s114(g) Evidence Act 1950 was warranted; accordingly the Sessions Court judgment was set aside and the appeal allowed.
17 Apr 2025

NIK ANIRA BINTI NIK MOHD ZAIN (sebagai pentadbir kepada pusaka NIK MOHD ZAIN BIN HAJI OMAR) BANK KERJASAMA RAKYAT MALAYSIA BERHAD

Citation

WA-22M-72-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-72-04/2021 (Mahkamah Tinggi)

On the balance of probabilities the Plaintiff failed to rebut the presumption that the investments had been withdrawn prior to 1999: credible direct evidence (DW8) established routine telephone withdrawals and closure practices; Defendant's policies limited automatic renewal to five years and statutory unclaimed monies regime and system migration evidence explained absence of records; 22‑year delay triggered presumption of payment and expired limitation period, and laches prejudiced Defendant. Therefore claim dismissed.
30 May 2021

Malayan Banking Berhad (No. Syarikat: 196001000142 (3812-K) Cheong Hock @ Cheong Kim Hock

Citation

JA-12A-NCvC-15-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12A-NCvC-15-09/2020 (Mahkamah Tinggi)

The High Court held the production of the FD receipts established a prima facie entitlement to the principal sum of RM138,000 and the Defendant failed to show a bona fide triable defence to the principal claim, thus confirming summary judgment for the principal. However, the interest element was not a clear-cut matter because the 7.90% rate was stated for a one-month term and bank rates fluctuate; therefore the interest claim raised triable issues and was set aside and remitted to the Sessions Court for trial. General and exemplary damages were abandoned by the Plaintiff and struck down.

Malaysia Case Law

PUBLIC BANK BHD 1. ) SEE SWEE KEAT 2. ) HENG SAU WAH

PUBLIC BANK BHD 1. ) SEE SWEE KEAT 2. ) HENG SAU WAH

NIK ANIRA BINTI NIK MOHD ZAIN (sebagai pentadbir kepada pusaka NIK MOHD ZAIN BIN HAJI OMAR) BANK KERJASAMA RAKYAT MALAYSIA BERHAD

Malayan Banking Berhad (No. Syarikat: 196001000142 (3812-K) Cheong Hock @ Cheong Kim Hock