CIMB Bank Bhd vs Maybank Trustees Bhd and other appeals

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 MarsdenLR 7027

CIMB Bank Bhd – Appellant
Versus
Maybank Trustees Bhd and other appeals – Respondent

Table of Content
1. overview of the case and parties involved. (Para 1 , 4 , 6)
2. high court findings and issues of liability. (Para 3 , 19 , 23 , 30)
3. conditions precedent regarding account ring-fencing. (Para 53 , 56 , 57 , 75)
4. finding on the cause of loss and negligence. (Para 82 , 86 , 91)
5. conclusions on liability and indemnity awarded. (Para 88 , 95 , 97)

Arifin Zakaria Chief Justice:

INTRODUCTION

[1]There are five appeals before this court and they are:

(a) Civil Appeal No 02(f)-27–04 of 2012 (W) with CIMB Bank Bhdas the appellant and Maybank Trustees Bhd as therespondent;

(b) Civil Appeal No 02(f)-28–04 of 2012(W) with Datin Murnina bt Dato' Hj Sujak as the appellant and Maybank Trustees Bhdas the respondent;

(c) Civil Appeal No 02(f)-29–04 of 2012(W) with KAF InvestmentBank Bhd as the appellant and MIDF Amanah InvestmentBank Bhd and 11 others as the respondents;

(d) Civil Appeal No 02(f)-30–04 of 2012(W) with Maybank TrusteesBhd as the appellant and MIDF Amanah Investment BankBhd and 20 others as the respondents; and

(e) Civil Appeal No 02(f)-33–04 of 2012 (W) with Pesaka Astana (M)Sdn Bhd and eight others as the appellants and Maybank TrusteesBhd and another as the resp

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2025 MarsdenLR 7027

CIMB Bank Bhd – AppellantVersusMaybank Trustees Bhd and other appeals – Respondent

Arifin Zakaria Chief Justice:

CIMB Bank Bhd – Appellant
Versus
Maybank Trustees Bhd and other appeals – Respondent