HIGH COURT MALAYA KUALA LUMPUR
THERUMOORTHI APPALANAIDU & ANOR – Appellant
Versus
PUBLIC BANK BERHAD & ANOR – Respondent
| Table of Content |
|---|
| 1. trial details and parties involved. (Para 1 , 2 , 10 , 11 , 12 , 13) |
| 2. dismissal of suit with costs. (Para 3) |
| 3. misrepresentation regarding medical history. (Para 4 , 5 , 6 , 7 , 8 , 24 , 25) |
| 4. application form and disclosure duty. (Para 16 , 17 , 18 , 19 , 20) |
| 5. plaintiffs' arguments on health questions. (Para 29 , 30) |
| 6. court's analysis of issues raised. (Para 31 , 51) |
| 7. duty of disclosure under fsa. (Para 52 , 53 , 56) |
| 8. true facts relevant to underwriting. (Para 60 , 62 , 69 , 70 , 74 , 75) |
| 9. concluding remarks on misrepresentation. (Para 78 , 79) |
Introduction
[1] This is a trial heard over 3 days on 7 February 2025, 16 April 2025 and 18 April 2025. The plaintiffs are Therumoorthi A/L Appalanaidu [Suing In Person And As Administrator For The Estate Of Vishnu Murthy A/L Therumoorthi (Si Mati)] and Anjelai Devi A/P Maniam.
[2] They sued Public Bank Berhad ["Public Bank"] and AIA Berhad. The suit against Public Bank the 1st defendant had been struck out. The trial proceeded against AIA Berhad the 2nd defendant ["AIA Berhad"].
[3] Oral submissions by counsel were held before me on 23 July 2025. On conclusion of oral submissions, I had dismissed the s
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