CIMB BANK BERHAD v 1. SEBANG GEMILANG SDN BHD 2. HAMIDI TECH SDN BHD

02f-2-01-2015c Federal Court (Mahkamah Persekutuan) 7 February 2018 • 02(f)-2-01/2015(C)

Catchwords

Companies and Corporations— Banker – customer relationship — Breach of contract — Breach of trust and various other causes of action — Sinking Funds — A deed of assignment and a power of attorney, both dated 19.9.2003, in favour of the 1st respondent — No written notice of an absolute assignment — Whether debtor liable to the assignee for the debt under the assignment — Whether debtor has knowledge of an assignment between its customer and third party— Can the debtor be held liable to that third party for the debt where the debtor has made payment of the same to its customer — Where the creditor has assigned the benefit of funds in a fixed deposit account to a third party, can mere knowledge of the identity of the signatories to a current account, constitute notice of an assignment to the debtor — Civil Law Act 1956 [Act 67]; Section 4(3)

Practice Areas

Company Law Contract Equity & Trusts

Judges (5)

Abu Samah bin Nordin Coram Ahmad bin Haji Maarop Delivered Balia Yusof bin Haji Wahi Coram Hasan bin Lah Coram Zaharah binti Ibrahim Coram

Parties (3)

CIMB BANK BERHAD Appellant HAMIDI TECH Sdn Bhd Respondent SEBANG GEMILANG Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-2-01-2015c)