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2012 MarsdenLR 1535

COURT OF APPEAL, PUTRAJAYA
PUBLIC BANK BERHAD & ANOR – Appellant
Versus
EXPORAYA SDN BHD – Respondent


Table of Content
1. negligence in freezing bank account (Para 1 , 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. contentions on wrongful acts of the bank (Para 10 , 11 , 12 , 13)
3. high court's decisions on plaintiff's claims (Para 14 , 15 , 16 , 17 , 18)

[1] This is an appeal against the decision of the learned Judicial Commissioner (JC) of the High Court at Kota Kinabalu dated 29 October 2010, where it was held that the 1st and 2nd appellants, were negligent in freezing the respondent's account with the 1st appellant (Account No 3134351226) and entered judgment against the appellants for damages in the sum of RM250,000.00.

Factual background

[2] The respondent, who was the plaintiff at the High Court, was at all material times a customer of the 1st appellant bank, who was the 1st defendant at the High Court. The respondent opened its current account No 3134351226 on 6 October 2005 at its branch at Taman Che Mei, Jalan Penampang, Kota Kinabalu. The 2nd appellant, who was the 2nd defendant at the High Court, was the 1st appellant's branch manager at the said branch.

[3] On 3 August 2007, the respondent applied to change the mandate or signatories in respect of the operation of the said account ba

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