Court grants discovery order to compel Public Bank Berhad to disclose investigations on banking information leak

The Kuala Lumpur High Court yesterday allowed for the discovery to compel Public Bank Berhad to disclose all domestic investigations arising from the disclosure of confidential banking information of National Feedlot Corporation Sdn Bhd and its group of companies including of its chairman Datuk Dr Mohamad Salleh Ismail.


Judge Datuk John Louis O’Hara granted the order in chambers after hearing the application in open court. The order was given under Order 24 Rule 12 of the Rules of Court 2012.

In the application, the plaintiffs National Feedlot Corporation Sdn Bhd (NFCorp), National Meat & Livestock Corporation Sdn Bhd, Agroscience Industries Sdn Bhd, Real Food Company Sdn Bhd and NFCorp chairman Datuk Dr Mohamad Salleh Ismail had sought for all documents and transcripts of the domestic inquiry held in respect to one of Public Bank Berhad’s employees Johari Mohamad who had been identified to have leaked information on 23 confidential banking accounts.

Johari had also been charged separately under the Banking and Financial Institutions Act, 1989 (BAFIA) for the offence.

The discovery was sought as the documents were relevant to the action and were and have been in the possession, custody or power of Public Bank Berhad.

On 22 May 2012, the plaintiffs had filed a suit against Public Bank Berhad. The plaintiffs stated that their business, reputation and credibility had suffered irreparable loss and damage as a result of the bank’s security breach in exposing the confidential banking information of its 23 bank accounts at Public Bank Berhad.

The plaintiffs are asking for RM60 million in general damages, RM250 million in exemplary damages and another RM250 million in aggravated damages.

In yesterday’s hearing, Datuk Salleh and the NFCorp group were represented by counsels Datuk M David Morais, Al Firdaus Shahrul Naing, Sara Ann Chay Sue May and Syed Ismat Syed Muhamad.