FEDERAL COURT PUTRAJAYA
AMBANK (M) BERHAD – Appellant
Versus
LUQMAN KAMIL MOHAMMED DON – Respondent
| Table of Content |
|---|
| 1. background facts and contractual agreements established. (Para 3 , 5 , 6 , 8) |
| 2. court's analysis on failed pleading and liability. (Para 10) |
[2] This Court heard the appeal on 4 October 11 and reserved its decision. We now give our judgment.
[3] The statements of agreed facts and the evidence given in the trial reveal the following brief facts. The defendant was a director of a company known as Technoeletrik Industries Sdn Bhd of 24, 1st Floor, Jalan 71C, Taman Tun Dr Ismail, 60000 Kuala Lumpur ["the borrower"]. At the request and on the application of the borrower, the plaintiff, vide the offer letter dated 5 March 1997 (referred to in the Statement of Claim as the first letter of offer), offered to the borrower the following banking facilities:
(a) Letter of Credit;
(b) Trust Receipt;
(c) Bank Guarantee;
(d) Shopping Guarantee; and
(e) Foreign Exchange Contract.
[4] Pursuant to the letter of offer dated 5 March 1997, on 19 March 1997 the borrower executed a "General Agreement by customers" ["the customer's agreement"].
[5] In consideration of the plaintiff granting or continuing to grant the banking facilities to the borrower, the defendant and three other persons execu
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