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2015 MarsdenLR 1304

FEDERAL COURT PUTRAJAYA
DEUTSCHE BANK (MALAYSIA) BHD – Appellant
Versus
MBF HOLDINGS BERHAD & ANOR – Respondent


Jeffrey Tan FCJ:

[1] Leave was granted to the appellant/defendant (Deutsche) to appeal against the order of the Court of Appeal in respect of the matter decided by the High Court in the exercise of its original jurisdiction, on the following nine questions of law:

1.1 Whether the principle of law on concluded contracts (generally applied in relation to sale and purchase of property) are applicable in the same manner to financial transactions involving funding by banks or a syndicate of banks.

1.2 Whether the principle in contract law of an enforceable informal contract applies to financing or funding transactions of a complex nature involving banks who are subject to internal credit approval conditions, guidelines and/or limitations.

1.3 Whether it is implicit in every financing transaction involving banks in Malaysia that internal credit approval guidelines as required by the regulating central bank, namely, Bank Negara Malaysia, would automatically apply to the proposed transaction.

1.4 In a setting where documentation (particularly relating to complex financial or funding transactions) is being carried out with the involvement of separately appointed solicitors, whether the principle

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