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2025 MarsdenLR 2114

HIGH COURT MALAYA KUALA LUMPUR
THERUMOORTHI APPALANAIDU & ANOR – Appellant
Versus
PUBLIC BANK BERHAD & ANOR – Respondent


Petitioner Advocates:Kavimani Muthayam,Emanuell Premdas ,Respondent Advocate: Wong Hok Mun,Leong Cing Ee

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)
Leong Wai Hong J:

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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