19 Aug 2022
BANK KERJASAMA RAKYAT MALAYSIA BERHAD 1. ) GM HEALTHCARE SDN BHD & 1 LAGI 2. ) Sunshine Fleet Sdn Bhd 3. ) Frontier Structure Sdn Bhd 4. ) Ahmad Zaim Bin Hilmi 5. ) Chua Zhi Bin 6. ) Ooi Boon Seng 7. ) Ng Lee Sen
- Citation
- W-02(W)-369-02/2018 (Mahkamah Rayuan)
- Court
- W
- Case number
- W-02(W)-369-02/2018 (Mahkamah Rayuan)
Sunshine's earlier absolute assignment (DOA 22/5/2009) prevailed; DOA-16/7/2009 was invalid and acceptance/operation of it by the Bank caused a breach of the facilities agreement by wrongfully withholding and misdirecting project proceeds; the withholding of RM1,447,443.38 was not de minimis and constituted breach; as a result GMH was discharged and the guarantors could not be held liable; the Bank's counterclaim against guarantors was procedurally premature.