29 Mar 2023
1. ) UTHAMA KUMARA NAIDU A/L SUNDARA RAJOO 2. ) SRI THARAN NAIDU A/L SUNDARA RAJOO 1. ) HSBC BANK MALAYSIA BERHAD 2. ) LEONG AUCTIONEER SDN BHD 3. ) Aziram Bin Mat Salleh
- Citation
- WA-22NCC-279-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-279-07/2020 (Mahkamah Tinggi)
Plaintiffs failed to prove on balance of probabilities that the bank or auctioneer breached any duty of care or that the auction/sale was improper or at an unjustifiably low value; documentary evidence and credible witness testimony established the successful bidder was present, paid and completed the purchase; P2 lacked standing and the alleged banker’s cheque was earlier encashed; accordingly the bank acted within its contractual rights and the sale stands; the purchaser is entitled to vacant possession and damages.