RHB BANK BERHAD vs MAT ISA CHE DIR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT MALAYA SHAH ALAM
RHB BANK BERHAD – Appellant
Versus
MAT ISA CHE DIR – Respondent

Petitioner Advocates:Tan Pei Yin ,Respondent Advocate: Balbir Singh Shingara Singh

Table of Content
1. plaintiff's claim for outstanding loan (Para 1 , 2 , 3)
2. plaintiff's evidence of negligence and authorization (Para 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. defendant's defense against unauthorized transactions (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. court's view on proceedings and burden of proof (Para 19 , 20 , 21 , 22)
5. court finds no negligence by plaintiff (Para 23 , 24 , 25 , 26)
6. principles for establishing cause to the contrary (Para 27 , 28 , 29 , 30 , 31)
7. final ruling and costs awarded (Para 32)

Choong Yeow Choy JC:

Introduction

[1] This is the Plaintiff's Originating Summons seeking an Order for Sale and other consequential reliefs under O 83 of the Rules of Court 2012 and ss 256 and 257 of the National Land Code . The Defendant had charged his land to the Plaintiff as security for a Housing Loan and an Overdraft Loan Facility. While the Housing Loan has been settled, the present proceedings arise from the outstanding sum under the Overdraft Loan Account.

[2] The uniqueness of this case lies in the Defendant's defence. He opposed the Plaintiff's claim, contending that the nineteen withdrawal transactions or fund transfers from the Overdraft Loan Account

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HIGH COURT MALAYA SHAH ALAMRHB BANK BERHAD – AppellantVersusMAT ISA CHE DIR – Respondent

Cases Referred (3)

HIGH COURT MALAYA SHAH ALAM
RHB BANK BERHAD – Appellant
Versus
MAT ISA CHE DIR – Respondent