ANISH RESOURCES SDN BHD v PUBLIC BANK BERHAD

wa-12bncvc-77-07-2024 High Court (Mahkamah Tinggi) 26 February 2025 • WA-12BNCvC-77-07/2024 • 34 min read
7 cases cited (0 SG, 7 foreign)

Catchwords

IBG transactions expressly stated by the bank to be based on account number – Expressio Unius Est Exclusio Alterius applicable – Other transactions deemed to be excluded from being based solely on account number – Contra proferentem rule applicable against the Bank – Other identifiers such as name of beneficiary/payee to be applicable to identify beneficiary/payee’s account – Breach by the bank in failing to instruct Agent /Intermediary bank to use beneficiary’s name as identifier – S.29 Contracts Act 1950 – Agreement which restricts enforcement of contractual rights is void – Whether exclusion clause in a bank’s remittance form contravenes S.29 Contracts Act 1950 – Invalidation of the exclusion clause – CIMB Bank Bhd v Anthony Lawrence Bourke & Anor [2019] 2 MLJ 1 applicable – Circumstances justifying application of principle of public policy

Judges (1)

Gan Techiong Delivered

Counsel (5)

Ho & Ho Firm Shook Lin & Bok Firm Marianne Loh Suet May Counsel Respondent Megan Phang Yuet Yee Counsel Respondent Ong Kim Hong Counsel Appellant

Parties (2)

ANISH RESOURCES Sdn Bhd Appellant PUBLIC BANK BERHAD Respondent

Case Significance

ANISH RESOURCES SDN BHD v PUBLIC BANK BERHAD is a High Court (Mahkamah Tinggi) decision dated February 26, 2025 (citation: wa-12bncvc-77-07-2024). The case was decided by Gan Techiong.

What was the outcome of ANISH RESOURCES SDN BHD v PUBLIC BANK BERHAD?

ANISH RESOURCES SDN BHD v PUBLIC BANK BERHAD is a High Court decision dated February 26, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)
s 29

Cases Cited (7)

UK (4)
[1949] 2 All ER 581 [1966] 2 All ER 61 [2015] 2 All ER 15 [2015] All ER 15
MY (3)
[2013] 1 MLJ 507 [2015] 5 MLJ 619 [2019] 2 MLJ 1

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncvc-77-07-2024)