PERSPEKTIF MASA SDN. BHD. v 1. ) TAN SZE KENG 2. ) CHINA RAILWAY ENGINEERING CORPORATION (M) SDN BHD 3. ) SABAH DEVELOPMENT BANK BERHAD 4. ) MBSB BANK BERHAD

wa-22c-21-04-2025 High Court (Mahkamah Tinggi) 9 December 2025 • WA-22C-21-04/2025

Catchwords

This case concerns a High Court action against the third defendant bank arising from the payment under bank guarantees and the subsequent restructuring of that sum into a term loan following the issuance of a Certificate of Practical Completion (“CPC”). The key legal issues were whether the plaintiff disclosed any reasonable cause of action against the bank and whether the claim was an abuse of process under O 18 r 19 of the Rules of Court 2012. The Court held that the claims were plainly unsustainable, the relationship was purely contractual with no fiduciary duty, and struck out the action against the third defendant.

Practice Areas

Civil Procedure Criminal Procedure Equity & Trusts

Judges (1)

Azlan bin Sulaiman Delivered

Parties (5)

CHINA RAILWAY ENGINEERING CORPORATION Sdn Bhd Defendant MBSB BANK BERHAD Defendant PERSPEKTIF MASA Sdn Bhd Plaintiff Sabah Development Bank Berhad Defendant Tan Sze Keng Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22c-21-04-2025)