HIGH COURT MALAYA SHAH ALAM
RHB BANK BERHAD – Appellant
Versus
MAT ISA CHE DIR – Respondent
| Table of Content |
|---|
| 1. establishing the plaintiff's loan claims. (Para 1 , 2) |
| 2. plaintiff contends transactions were authorized. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. defendant argues transactions unauthorized. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court evaluates competing claims and negligence. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. application of legal principles from prior cases. (Para 27 , 28 , 29 , 30 , 31) |
| 6. court's conclusion on the plaintiff's application. (Para 32) |
Introduction
[1] This is the Plaintiff's Originating Summons seeking an Order for Sale and other consequential reliefs under O 83 of the Rules of Court 2012 and ss 256 and 257 of the National Land Code . The Defendant had charged his land to the Plaintiff as security for a Housing Loan and an Overdraft Loan Facility. While the Housing Loan has been settled, the present proceedings arise from the outstanding sum under the Overdraft Loan Account.
[2] The uniqueness of this case lies in the Defendant's defence. He opposed the Plaintiff's claim, contending that the nineteen withdrawal transactions or fund transfers from the Overdraft Loan Account on 20 December 2019 were unauthorized and
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