NFC fails to reinstate RM1b special damages claim against Public Bank

National Feedlot Corporation Sdn Bhd and four others today failed to reinstate a claim of special damages of RM1 billion against Public Bank. MalaysiaKini reports:

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A three-member Federal Court bench led by Chief Justice Richard Malanjum unanimously refused to grant leave to NFC and the other appellants to appeal the Court of Appeal’s decision that struck out the inclusion of the special damages claim which was made last year, five years after the suit was filed.

“The bench is satisfied that Section 3 and 67 of the Courts of Judicature Act 1964 is settled.

“We dismissed the appeal and award costs of RM20,000 to the respondents (Public Bank).” he said.

The other judges sitting with Justice Malanjum were Federal Court judges Justice Ramly Ali and Justice Balia Yusof Wahi.

NFC, along with its chairperson Mohd Salleh Ismail and its three subsidiaries – National Meat and Livestock Corporation Sdn Bhd, Agroscience Industries Sdn Bhd and Real Food Company Sdn Bhd – had filed a suit against Public Bank for breach of contract in protecting the confidentiality of their bank accounts.

The plaintiffs had sought general damages, exemplary and punitive damages.

NFC’s lawyer Muhammad Shafee Abdullah told the bench that there are three questions of law posed and that the Kuala Lumpur High Court allowed his client to make the special damages claim on Nov 8 last year, and imposed costs of RM50,000 to his client.

He stated that at any point of time, the court could appeal a decision on an interlocutory matter and it was not necessary for the appeals court to wait until the end of the trial.

Meanwhile, Public Bank’s lawyer Yoong Sin Min argued that NFC only applied to make a claim of special damages of RM1 billion, five years after filing the suit in 2013.

She said this had caused inconvenience as the trial had already started and by instituting special damages now, it would delay matters as witnesses had to be called.

“Furthermore, the appellants also failed to quantify the special damages claim that it sought for,” said Yoong.

She cited past cases when the special damages failed to be quantified, the apex court can strike out such claim.

The trial for the NFC suit against Public Bank is scheduled to resume on Nov 6 at the High Court.

Source:  https://www.malaysiakini.com/news/446428