13 Sept 2022
RHB BANK BERHAD 1. ) INSTANT ACHIEVEMENT SDN BHD 2. ) YEONG JOO HOCK 3. ) TAN BEE KIM
- Citation
- JA-22NCC-71-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCC-71-08/2021 (Mahkamah Tinggi)
The court found the defendants' counter-claim plainly and obviously unsustainable: the bank owed no duty to investigate every progress certificate, the Facilities Agreement allowed waiver of conditions precedent, the certificate of indebtedness was conclusive absent manifest error, and there was no evidence attributing alleged employee misconduct to the bank; accordingly the counter-claim disclosed no reasonable cause of action and was struck out.