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2013 MarsdenLR 1742

COURT OF APPEAL PUTRAJAYA
ASEAMBANKERS MALAYSIA BERHAD & ORS – Appellant
Versus
SHENCOURT SDN BHD & ANOR – Respondent


Table of Content
1. trial outcome of claims and counterclaims. (Para 1 , 2 , 3)
2. background and context of financing arrangements. (Para 4 , 5 , 6 , 7 , 8)
3. court's perspective on banks' obligations. (Para 21 , 22 , 24 , 41)
4. final judgment and orders of the court. (Para 224 , 225 , 226)

[1] After a full trial of two civil suits that were heard together which lasted for twenty one days, the High Court allowed the 1st respondents claim and dismissed the appellants loan recovery claims. The High Court also ordered that the appellants pay the respondents damages totalling RM117.5 million with further damages to be assessed. The High Court also dismissed the appellants claims for recovery of the monies loaned to the respondents.

[2] Civil Suit No: D2-22-443-2006 carried the appellants loan recovery claims while Civil Suit No: D2-22-665-2006 constituted the 1st respondents claim. These were the details of the two civil suits that were consolidated and heard together.

[3] The decision of the High Court for these two civil suits may conveniently be summarised in this way:

(i) The Appellants Loan Recovery Claims - Suit No: 443

(a) the appellants loan recovery claims were dismissed and the cou

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