Chang Yun Thai & Ors v. HSBC Bank (M) Bhd & other appeals [2011] 7 CLJ 909

The primary issue in this appeal was whether an end-financier has a duty to enquire and/or ensure that the sale and purchase agreement is free from illegalities before granting financing. Mr. Benjamin Dawson successfully argued before the Federal Court that no such duty existed.

Court of Appeal citation: [2011] 5 CLJ 589

High Court citation: [2008] 5 MLJ 295

Amal Bakti Sdn Bhd v. Affin Merchant Bank (M) Bhd [2012] 5 MLJ 61

Mr. Benjamin Dawson  acted for the Investors who invested based on negligent misstatement by the merchant banker who prepared the prospectus. The Court of Appeal agreed that the merchant banker owes duty of care to the investors and had failed to make sufficient enquiry on the accuracy of the statements in the prospectus.

Dato’ Jaffar bin Mohd Ali v. Jasatera Bhd (Public Bank, Intervener) [2002] 4 MLJ 207

Conflicting interpretations of a Court Order left the Intervener Bank in the unenviable position of having to follow the instructions of its clients at the risk of possible contempt proceedings. Mr. Benjamin Dawson acting for the Intervener Bank successfully applied to the Court for directions to resolve the issue.

Tuan Haji Ahmed Abdul Rahman v. Arab-Malaysian Finance Bhd [1996] 1 MLJ 30

The main issue here was whether the default judgment was ambiguous and thus irregular. Mr. Benjamin Dawson sought to maintain the default judgment. Although the Supreme Court did not concur with Mr. Dawson’s submission, they did set down important principles governing the terms of a judgment.

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