RHB BANK BERHAD v MAT ISA BIN CHE DIR
8 cases cited
(0 SG, 8 foreign)
Catchwords
This is the Plaintiff’s Originating Summons seeking an Order for Sale and other consequential reliefs under Order 83 of the Rules of Court 2012 and sections 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. 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 conducted without his knowledge or consent. The Defendant further denied having any online banking facility linked to the account and disclaimed any association with the two recipients of the funds. The Plaintiff, however, maintained that the transactions were not compromised due to its negligence and asserted that they were a deliberate act by the Defendant. The central issue for determination is whether the Defendant is liable for the outstanding sum under the Overdraft Loan Account. This requires the Court to assess the Defendant’s claim that the transactions were unauthorized and the Plaintiff’s contention that they were the Defendant’s deliberate act, not attributable to any negligence on its part.
Judges (1)
Counsel (4)
Case Significance
RHB BANK BERHAD v MAT ISA BIN CHE DIR is a High Court (Mahkamah Tinggi) decision dated March 9, 2025 (citation: ba-24fc-771-08-2024). The case was decided by Choong Yeow Choy.
What was the outcome of RHB BANK BERHAD v MAT ISA BIN CHE DIR?
RHB BANK BERHAD v MAT ISA BIN CHE DIR is a High Court decision dated March 9, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.
Statutes Cited
National Land Code (Cap 828)
Rules of Court 2012
Cases Cited (8)
MY (8)
[1977] 1 AMR 1036 [1993] 2 AMR 3464 [1993] 4 CLJ 332 [1994] 1 MLJ 119 [1997] 1 MLJ 77 [1997] 2 CLJ 36 [2013] 1 MLJ 507 [2013] 2 CLJ 753
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-24fc-771-08-2024)