HSBC Bank Malaysia Berhad v Khor Gek Khim & 4 Ors [2018] I LNS 2030

The Plaintiff commenced action against its former employee for fraud and breach of fiduciary duties and persons connected to him for tort of knowing receipt. The High Court found that the bank’s former employee had committed fraud in making unauthorised withdrawals from the customers’ bank accounts and that the co-Defendants, in particular, the 3rd Defendant, were in knowing receipt of the stolen funds. Ms Koh San Tee and Ms Quay Hui Shien acted for the Plaintiff. The 3rd Defendant’s appeal to the Court of Appeal was dismissed with costs.

General Container Sdn Bhd v Tan Chin Wah @ Sin Yin San and Ors [2010] MLJU 1540

The Plaintiff company claimed that the 1st Defendant, its former Managing Director had breached his fiduciary duties and/ or acted in conflict of interest and/ or conspired with 2nd and 3rd Defendants to cause loss and damage to the Company by inter alia wrongfully disposing off the Company’s vital assets, failing to obtain adequate compensation for the disposal of the Company’s assets and to collect the Company’s debts. The Court agreed with Ms. Eileen Othman that the entire allegations against the 1st Defendant were not borne out.

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

This appeal concerned an important question of law, namely the extent of the duty of care of a merchant bank acting as advisor to a restructuring scheme to verifying the information given to it, before disseminates the same to the public. Mr. Benjamin Dawson successfully argued before the Court of Appeal that that the merchant banker did owe such a duty of care and on the facts had acted negligently.

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