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2023 MarsdenLR 2043

COURT OF APPEAL PUTRAJAYA
NATIONAL FEEDLOT CORPORATION SDN BHD & ORS – Appellant
Versus
PUBLIC BANK BERHAD – Respondent


Petitioner Advocates:Muhammad Shafee Muhamad Abdullah,Sarah Maalini Abishegam,Noor Farhah Mustaffa ,Respondent Advocate: Yoong Sin Min,Tiang Min Min,Poh Choo Hoe

S Nantha Balan JCA:

Introduction

[1] This is an appeal against the decision of the Learned Judge of the High Court ("the Judge") dated 29 July 2019 (delivered after a full trial) dismissing the Plaintiffs' claims in Kuala Lumpur High Court Suit No 22NCVC-623- 05/2012 ("Suit 623") against Public Bank Berhad ("the Bank"). The Judge ordered the Plaintiffs to pay costs of RM350,000.00. Suit 623 was filed on 22 May 2012. The Appellants in this appeal are National Feedlot Corporation Sdn Bhd (1st Plaintiff), National Meat & Livestock Corporation Sdn Bhd (2nd Plaintiff), Agroscience Industries Sdn Bhd (3rd Plaintiff), Real Food Company Sdn Bhd (4th Plaintiff) and Mohamad Salleh Ismail (5th Plaintiff) (collectively, "the Plaintiffs"). For convenience, the Appellants shall be referred to collectively as "the Plaintiffs" and the Respondent as "the Bank". Where necessary, the Plaintiffs shall be individually referred to alpha-numerically as follows: (a) 1st Plaintiff - "P1", (b) 2nd Plaintiff - "P2", (c) 3rd Plaintiff - "P3"(d) 4th Plaintiff - "P4" and (e) 5th Plaintiff - "P5".

The Claims

[2] The Plaintiffs were at all material times customers of the Bank with the respective bank accounts

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