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COURT OF APPEAL PUTRAJAYA
BANK BUMIPUTRA MALAYSIA BERHAD – Appellant
Versus
EMAS BESTARI SDN BHD & ANOR & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. appeals against high court decisions (Para 1 , 2 , 3) |
| 2. background facts of the loan and negligence claims (Para 4 , 5 , 6 , 7 , 8) |
| 3. negligence claims and orders sought by bestari (Para 9 , 10 , 11) |
| 4. high court's findings and judgment (Para 12) |
| 5. court's findings of negligence (Para 13 , 14 , 15) |
| 6. establishing negligence as a tort (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 7. conclusions and orders of the court (Para 22 , 33) |
| 8. legal standards in banking negligence cases (Para 23 , 24 , 25) |
| 9. court's reasoning on mfb's duty and waiver (Para 26 , 27 , 28 , 29 , 30 , 31 , 32) |
[1] Civil Appeal W-02-2886-2010 is the appeal by Mayban Finance Berhad (MFB) against the decisions of the High Court on 23 September 2010 to enter judgment of liability in Civil Suit S4(6)-22-686-1998 and apportionment of 40% liability against MFB.
[2] Civil Appeal W-02-2890-2010 is the appeal by Bank Bumiputra Malaysia Berhad (BBMB) against judgment and apportionment of 40% liability for damages to be assessed entered against it in the same Civil Suit S4(6)-22-686-1998.
[3] The above Civil Appeals W-02-2886-2010 and W-02-2890-2010 were heard together.
Background
[4] MFB provided a loan of RM500,000.00 t
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