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ZAKI TUN AZMI, ZULKEFLI MAKINUDIN, RAUS SHARIF
CHANG YUN TAI & ORS – Appellant
Versus
HSBC BANK (M) BHD & OTHER APPEALS – Respondent
| Table of Content |
|---|
| 1. background of the case regarding the spa and financing agreements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments concerning legality and enforcement of financing agreements. (Para 8 , 10 , 12 , 13 , 14 , 18 , 20) |
| 3. court's observations on the relationship between spa and financing agreement. (Para 9 , 11 , 15 , 16 , 19 , 21 , 22 , 23 , 24 , 25 , 27 , 28) |
| 4. duty of inquiry and representation in financing (Para 17) |
| 5. analysis of legality under the contracts act (Para 26) |
Zulkefli Makinudin FCJ:
Introduction
(1) These three appeals were heard together and it was agreed by all parties that the decision in Appeal No. 02(f)-15-2011 (W) will bind Appeal No. 02(f)-16-2011 (W) and Appeal No. 02(f)-17-2011 (W). The appellants in all these three appeals are the same parties. They are the purchasers of the medium-cost apartments ("the apartments") in a housing development project known as Bandar Universiti Teknologi Legenda in Mantin, Negeri Sembilan undertaken by the developer called Dataran Mantin Sdn Bhd ("the developer"). The respondent in Appeal No. 02(f)-15-2011 (W) is HSBC Bank (M) Berhad. The respondent in Appeal No. 02(f)-16-2011 (W) is Alliance Bank Berhad.
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