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HIGH COURT MALAYA KUALA LUMPUR
RHB BANK BERHAD – Appellant
Versus
RICHLAND LEISURE GROUP SDN BHD; NG SEANG HENG (THIRD PARTY) – Respondent
What is the main issue regarding recovery of money paid by mistake under Contracts Act 1950 s.73? What are the conditions under which a defendant can rely on a change of position in good faith to defeat a claim for recovery? What factors did the court rely on to determine whether Richland acted in good faith and whether there was unjust enrichment?
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. claims and defenses of both parties. (Para 11 , 12 , 13 , 14) |
| 3. legal principles on recovery of payments made by mistake. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. analysis of the mistake made by rhb. (Para 26 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. richland's defense regarding change of position. (Para 40 , 41 , 42 , 44) |
| 6. allegations of dissipation of funds. (Para 54 , 60) |
| 7. court's findings on money had and received. (Para 70 , 74 , 76) |
| 8. final conclusion and order of the court. (Para 80) |
[1] Ng Seang Heng went on a million ringgit gambling spree, not with his own, but someone else's money. Specifically, money from an innocent company's bank account using forged payment instructions. By the time the bank discovered the forged forms based on which it remitted monies to the gambler via a junket operator's account, funds were gone. The junket operator claims it dealt bona fide - immediately putting incoming monies into more casino chips given to Ng. Hence the bank's hopes of recovery hit a blank wall. Now the bank wants the money repaid - but the junket opera
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