7 Sept 2022
TAN HOO ENG 1. ) CIMB BANK BERHAD 2. ) TETUAN SHEARN DELAMORE & CO. 3. ) [TIMBALAN ] 4. ) [Ketua Polis Negara] 5. ) Kerajaan Malaysia
- Citation
- WA-24NCC-599-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-599-12/2021 (Mahkamah Tinggi)
The court held that AMLATFA seizure/freezing orders, read with the Act's broad definition of 'dealing', lawfully prevented transfers that would have produced the alleged accretions; the Settlement Agreement (Clause 3.2) was a clear, final bar to further claims; the claims were also barred by res judicata/issue estoppel given prior litigation; and claims against Shearn failed because solicitors owe no duty to opposing parties in these circumstances and their advice is privileged — accordingly the originating summons was dismissed.