4 Aug 2020
CIMB ISLAMIC BANK BERHAD KHAIRUDDIN BIN ABU HASSAN
- Citation
- W-02(NCVC)(W)-850-04/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- W-02(NCVC)(W)-850-04/2018 (Mahkamah Rayuan)
The contractual documents (LACA, Deed of Assignment, Power of Attorney) expressly granted the bank absolute discretion to sell the assigned property by public auction without a requirement to serve a proclamation; therefore no contractual or tortious duty to notify arose, the valuation and auction were not shown to be fraudulent or so grossly negligent as to set aside the sale, the trial judge's conduct did not vitiate the trial, and on those bases the High Court judgment awarding RM1.4m was set aside and the appeal allowed.