17 Dec 2021
MY HOME BUDGET HOTEL SDN BHD (Company No.: 1002675-D) CIMB BANK BERHAD (Company No.: 13941-P)
- Citation
- WA-22NCC-154-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-154-03/2020 (Mahkamah Tinggi)
Plaintiff failed to prove on the balance of probabilities that the bank officer gave the bank statements to opposing counsel; the plaintiff bore the onus and did not call or subpoena the opposing counsel (adverse inference drawn). Even if disclosure occurred, production of the statements was authorized or rendered immaterial by court orders and statutory exceptions (FSA, PDPA exemptions, BBEA principles). Therefore the plaintiff's claims fail and the action is dismissed with costs.