JUDGMENT

Atan Mustaffa Yussof Ahmad J:

Introduction

[1] This originating summons concerns a dispute between a customer and a bank over monies in the customer's accounts that were frozen and subsequently seized pursuant to orders issued under anti-money laundering legislation. The central issues that arise for determination are whether the bank, on advice of its solicitors, unlawfully failed to return or account for alleged accretions and benefits earned on the customer's accounts during the material period when restrictions were imposed, and whether this amounted to an unconstitutional deprivation of the customer's property rights. This in turn requires examination of the scope and legal effect of the anti-money laundering orders made, and whether the bank and its solicitors' interpretation of those orders can bind the customer or override her rights to the disputed sums The court is also called upon to consider if the claims are sustainable against the bank's solicitors as a separate party, and whether those claims are properly brought by way of originating summons or are otherwise caught by a prior settlement agreement between the parties. In grappling with these issues, the court m