6 Dec 2021
MALAYAN BANKING BERHAD [Company No.: 3813-K] 1. ) KUMPULAN LIZIZ SDN BHD [Company No.: 72218-M] 2. ) LIEW AH KAU [Identity Card No.: 520803055179] 3. ) GHAZALI BIN ABDUL HALIM [Identity Card No.: 550520025137] PIHAK KETIGA 1. ) DSE CONSTRUC
- Citation
- AA-22NCC-12-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-22NCC-12-07/2020 (Mahkamah Tinggi)
The court refused summary judgment and striking out because the material disclosed credible allegations that the bank's role went beyond passive lender (assignment, irrevocable instructions, powers of attorney and agency features), and there were substantial disputes of fact — alleged diversion of contract proceeds, alleged misrepresentations (PAJ arrangement) and potential breaches of statutory/ fiduciary duties — which required full trial and could not be resolved on affidavit evidence; allegations of fraud undermine reliance on conclusive evidence clauses and a certificate of indebtedness;…