27 Feb 2025
ANISH RESOURCES SDN BHD PUBLIC BANK BERHAD
- Citation
- WA-12BNCvC-77-07/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-77-07/2024 (Mahkamah Tinggi)
The remittance instruction, as drafted and validated by the bank, made the beneficiary name an operative identifier for telegraphic transfers; the bank breached its contractual obligation by failing to ensure the receiving banks treated the beneficiary name as an identifier and thereby caused loss to the customer. The bank cannot rely on the exclusion clause in the remittance form because it effectively bars enforcement of contractual rights and is void under s.29 Contracts Act 1950 as interpreted in CIMB Bank Bhd v Anthony Lawrence Bourke & Anor.