CIMB ISLAMIC BANK BERHAD vs MOHD SAUFI TAIB & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 626

COURT OF APPEAL PUTRAJAYA
CIMB ISLAMIC BANK BERHAD – Appellant
Versus
MOHD SAUFI TAIB & ORS – Respondent

Table of Content
1. bank's duty to clear cheques timely is established. (Para 1 , 4 , 5)
2. defendant's obligations as a paying bank depend on customer funds. (Para 9 , 10 , 11 , 12)
3. defendants can assert qualified privilege for statements made in the interest of communication. (Para 25 , 32)
4. damages for negligence adjusted based on the court's findings. (Para 39 , 44)

Mohd Zawawi Salleh JCA:

Introduction

[1] This is an appeal from the decision of the learned judge of the High COURT at Kuala Lumpur allowing the respondents' claims for RM275,000.00 with costs.

[2] Having heard and carefully considered the submissions of the respective parties, we allowed the appeal in part.

[3] We now set out the reasons for our decisions.

[4] for convenience, the parties will be referred to as they were in the High COURT. Accordingly, in this judgment, the appellant, CIMB Islamic Bank Berhad, is referred to as "the defendant" and the respondents, Mohd Saufi Taib, Surya Putra Mohamed Taulan & Mohd Syairusrohan Md Sehan, are referred to as "the plaintiffs".

Facts

[5] The facts which give rise to this appeal are not much in dispute and can be shortly stated as follows:-

(a) The plaintiffs are the partners of

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2015 MarsdenLR 626

COURT OF APPEAL PUTRAJAYACIMB ISLAMIC BANK BERHAD – AppellantVersusMOHD SAUFI TAIB & ORS – Respondent

COURT OF APPEAL PUTRAJAYA
CIMB ISLAMIC BANK BERHAD – Appellant
Versus
MOHD SAUFI TAIB & ORS – Respondent