Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Counterclaim for indebtedness

Legal area

Court

3 Apr 2023

Melindajit Kaur A/p Pritam Singh UNITED OVERSEAS BANK (MALAYSIA) BHD

Citation

WA-22NCC-557-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-557-10/2019 (Mahkamah Tinggi)

Plaintiff's claim dismissed as time-barred under s6 Limitation Act 1953 (cause of action accrued by at latest January 2013); on construction of loan documents the bank was not obliged to procure MRTA and the borrower failed to satisfy insurer pre-conditions so no MRTA existed; defendant's certificate of indebtedness establishes estate's liability; counterclaim allowed.
27 May 2021

1. KHEE SAN BERHAD 2. KHEE SAN FOOD INDUSTRIES SDN BHD UNITED OVERSEAS BANK (MALAYSIA) BHD

Citation

22NCC-396-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

22NCC-396-08/2020 (Mahkamah Tinggi)

The court held that the Quincecare duty is of limited application and is generally confined to situations where the bank acts as agent over a customer's funds (eg cheque payments), not to drawdowns under a credit facility such as a bankers acceptance; a bank has no duty to authenticate or investigate third‑party commercial documents presented for drawdown absent being put on inquiry by reasonable grounds of fraud; the Defendant complied with Bank Negara BA Guidelines; accordingly the Plaintiffs' claim disclosed no reasonable cause of action and the Defendant was entitled to summary judgment o…