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2017 MarsdenLR 939

HIGH COURT MALAYA KUALA LUMPUR
DE TEBRAU MAKMUR SDN BHD & ANOR – Appellant
Versus
BANK KERJASAMA RAKYAT MALAYSIA BERHAD – Respondent


Table of Content
1. novel claim around a white knight's role in a failed commercial project. (Para 1 , 2)
2. key legal issues regarding misrepresentation and duty of care. (Para 3)
JUDGMENT

Wong Kian Kheong JC:

(After Trial)

A. Introduction

[1] This case is novel because I am not able to find a previous Malaysian court decision wherein a "White Knight" of a failed commercial project had claimed for, among others, loss of profit for the doomed project, from the project's financier.

[2] The second plaintiff (2nd Plaintiff), an Indonesian businessman with a Singapore passport, claimed to be a White Knight who had allegedly rescued a mixed development project in Johor Bahru (JB), "Suria Development Project" (Project). The Project was developed by first plaintiff company (1st Plaintiff) and financed by defendant company (Defendant), a co-operative society registered under the Co-operative Societies Act 1993 which has power to grant loans under s 14(1)(a) of Bank Kerjasama Rakyat Malaysia Berhad (Special Provisions) Act 1978.

B. Issues

[3] The following questions, among others, arise in this suit (This Suit):

(1) whether 2nd Plaintiff was White Knight for 1st Plaintiff and Project;

(2) whether Defen

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