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2020 MarsdenLR 2466

HIGH COURT MALAYA KUALA LUMPUR
DATO SRI MOHD NAJIB ABD RAZAK – Appellant
Versus
AMBANK ISLAMIC BANK BERHAD & ORS – Respondent


Petitioner Advocates:Muhammad Shafee Abdullah,Muhammad Farhan Shafee,Thilagan Mehanathan ,Respondent Advocate: Yoong Sin Min,Benjamin Dawson,Samuel Tan Lih Yau,Sanjiv Naddan

JUDGMENT

Khadijah Idris JC:

(Encl 7 And Encl 13)

A. Introduction

[1] The plaintiff claims that the 1st defendant, 2nd defendant and 3rd defendant have, pursuant to acts and omissions on their part, breached among others, the fiduciary duties owed to the plaintiff in relation to the plaintiff's accounts maintained with the 1st defendant. As a result of the breach, there were unauthorised transactions and wrongful disclosure of the plaintiff's accounts to unauthorised person. This has resulted in the plaintiff being charged with criminal offences which have caused the plaintiff to suffer, among others, emotional distress, loss of reputation, severe embarrassment and deprived him of his personal liberty and his lawful position in the Malaysian political setting. Thus the plaintiff claims against all the defendants special, general, aggravated and/or exemplary damages.

[2] The defendants filed their respective applications to strike out the plaintiff's Writ and Statement of Claim:

(a) Enclosure 7 by the 3rd defendant under O 18 r 19(1)(a) and/or (b) and/or (d) of the Rules of 2012 (" ROC 2012") and/ or inherent jurisdiction of the Court. Enclosure 7 was filed before the expiry of the datel

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