1. ) MEGAH BERKAT SDN BHD 2. ) CHOK TIN YONG 3. ) CHOK TENG HIAN v MBSB BANK BERHAD
Catchwords
Contract — Restitution — Total failure of consideration — Bank guarantee issued with incorrect expiry date — Whether instrument worthless — Whether restitution available — Contracts Act 1950, ss. 40, 65, 71, 74 Banking — Islamic banking — Performance guarantee under kafalah bi al-ujr — Guarantee issued with premature expiry date — Refusal to amend — Whether contrary to purpose of guarantee — Bank Negara Malaysia Kafalah Policy Document considered Unjust enrichment — Fees and charges received for worthless instrument — Whether defendant unjustly enriched — Whether restitutionary remedy available — Contracts Act 1950, s.71
Practice Areas
Judges (1)
Case Significance
1. ) MEGAH BERKAT SDN BHD 2. ) CHOK TIN YONG 3. ) CHOK TENG HIAN v MBSB BANK ... is a High Court (Mahkamah Tinggi) decision dated June 22, 2025 (citation: wa-22m-289-12-2021). The case was decided by Yusrin Faidz bin Yusoff.
Key issues: Unjust enrichment — Fees and charges received for worthless instrument — Whether defendant unjustly enriched — Whether restitutionary remedy available — Contracts Act 1950, s.71.
What was the outcome of 1. ) MEGAH BERKAT SDN BHD 2. ) CHOK TIN YONG 3. ) CHOK TENG HIAN v MBSB BANK ...?
1. ) MEGAH BERKAT SDN BHD 2. ) CHOK TIN YONG 3. ) CHOK TENG HIAN v MBSB BANK ... is a High Court decision dated June 22, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22m-289-12-2021)