CIMB BANK BERHAD vs SEBANG GEMILANG SDN BHD & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 MarsdenLR 2277

FEDERAL COURT PUTRAJAYA
CIMB BANK BERHAD – Appellant
Versus
SEBANG GEMILANG SDN BHD & ANOR – Respondent

Petitioner Advocates:K Shanti Mogan,Hee Hui Ting ,Respondent Advocate: R Kamalanathan,Vinod R Kamalanathan

Table of Content
1. beginning of the case details including the first court's findings. (Para 1 , 2 , 3)
2. equitable assignment discussed. (Para 4 , 5 , 6 , 7)
3. court's findings on the breach of trust and duty of care. (Para 15 , 16)
4. validity of equitable assignment reinforced. (Para 17 , 20)
5. arguments regarding requirement of written notice for assignment. (Para 18 , 19 , 21)
6. discussion on the necessity of notice and its legal implications. (Para 28 , 32)
7. no dishonesty found; appeal allowed. (Para 44 , 48)

Hasan Lah FCJ:

Introduction

[1] In the High Court, the 1st respondent sued the appellant as the 1st defendant and the 2nd respondent as the 2nd defendant for breach of contract and for breach of trust and various other causes of action.

[2] After the full trial, the High Court found for the 1st respondent and allowed the claim and ordered an inquiry to be held to determine the amount of money that was in the sinking fund in the account of the 2nd respondent in the appellant's bank which was due to the 1st respondent based on the Deed of Assignment and a Power of Attorney granted to the 1st respondent by the 2nd respondent and awarded RM500,000.00 as general damages against t

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2018 MarsdenLR 2277

FEDERAL COURT PUTRAJAYACIMB BANK BERHAD – AppellantVersusSEBANG GEMILANG SDN BHD & ANOR – Respondent

Cases Referred (2)

FEDERAL COURT PUTRAJAYA
CIMB BANK BERHAD – Appellant
Versus
SEBANG GEMILANG SDN BHD & ANOR – Respondent