RICKY THONG YEW FOOK & ANOR vs ARAB MALAYSIAN BANK BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 MarsdenLR 3156

FEDERAL COURT PUTRAJAYA
RICKY THONG YEW FOOK & ANOR – Appellant
Versus
ARAB MALAYSIAN BANK BHD – Respondent

Petitioner Advocates:Malik Imtiaz Sarwar ,Respondent Advocate: Lim Koon Huan,Arief Emran,Teoh Choon Hui

Table of Content
1. liquidator's claims against bank. (Para 2 , 3 , 4)
2. bank's defense of account classification. (Para 6 , 8)
3. no statutory duty on bank. (Para 10 , 11 , 12 , 13)
4. developer's duties under regulations. (Para 17 , 18 , 19)
5. bank's liability under trust law. (Para 24 , 26)

Zulkefli Makinudin FCJ:

Introduction

[1] This is an appeal by the appellants against the decision of the Court of Appeal in allowing the respondent's appeal against the decision of the High Court at Seremban. Leave to appeal was granted by this Court on the following two questions:

(1) Whether written confirmation issued by a bank to a housing developer and/or the Ministry of Housing and Local Government (the "Ministry") confirming an account with the bank to be a Housing Development Account constitutes a certificate within the meaning of reg 3 of the Housing Developers (Housing Development Account) Regulations 1991;

(2) Whether written confirmation issued by a bank to a housing developer and/or the Ministry confirming an account with the bank to be a Housing Development Account is sufficient to characterize the account in issue as a Housing Development Account within the meaning of s 7A of the Housi

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2010 MarsdenLR 3156

FEDERAL COURT PUTRAJAYARICKY THONG YEW FOOK & ANOR – AppellantVersusARAB MALAYSIAN BANK BHD – Respondent

Cases Referred (2)

FEDERAL COURT PUTRAJAYA
RICKY THONG YEW FOOK & ANOR – Appellant
Versus
ARAB MALAYSIAN BANK BHD – Respondent