KUALA LUMPUR – Former Goldman Sachs banker Roger Ng Chong Hwa and his wife Lim Hwee Bin have filed a suit against two banks over allegations that they were not allowed direct access to their bank accounts.
Ng, 50, who is linked to the 1Malaysia Development Bhd (1MDB) scandal and Lim, 51, as plaintiffs respectively, filed the two suits separately in the high court here, through Messrs Tan Hock Chuan & Co on January 27, naming RHB Bank Bhd (RHB Bank) and Malayan Banking Bhd (Maybank) as defendants.
Based on the statement of claim, the couple is seeking an order for the defendants to immediately allow them direct access to two RHB Bank accounts and five Maybank accounts belonging to them within seven days from the date of the court order.
Besides this, both plaintiffs are seeking an order for the defendants to supply to the plaintiff copies of the account monthly statements for RHB Bank and Maybank from March 2019 until the date of the court order, including information on monthly or annual interest in those accounts.
They are also claiming from the defendants special damages totalling RM100,000 from RHB Bank and Maybank, including general and exemplary damages as well costs and relief deemed appropriate by the court.
According to the couple, the prosecution had filed an application to the high court here to forfeit money in their Maybank and RHB Bank accounts, but on November 8 last year, the court rejected the forfeiture application, which the prosecution had failed to show those bank accounts were connected to offences resulting from illegal activities.
Following the high court’s decision, Lim went to Maybank (Plaza Damansara branch) and RHB Bank (Bangsar Shopping Centre Office Tower) branch to seek direct access to those accounts.
“However, the defendants had failed, were negligent and refused to allow the plaintiffs direct access to the accounts,” the plaintiffs claimed in the statement of claim.
The couple then served a notice of claim through their lawyers to Maybank and RHB Bank on November 18 last year demanding that the defendants allow the plaintiffs direct access to the accounts but the defendants failed to do so.
The plaintiffs claim they were denied the right to access their bank accounts besides also claiming to need money to pay daily expenses including medical bills, their daughter’s education fees, home care and personal loans.
“Due to the failure, negligence and refusal of the defendants to allow the plaintiffs to gain direct access to the accounts, they suffered financial losses including the use of the money in the bank accounts,” the couple alleged.
Meanwhile, Maybank in a statement of defence filed on March 23, claimed that the Attorney-General’s Chambers had filed an appeal to the Court of Appeal against the high court’s decision and ordered that the accounts remain seized under the Anti-Money Laundering Act.
According to Maybank, as the forfeiture proceedings are currently at the appeal stage, the accounts should remain seized until the final disposal of the proceedings.
RHB Bank, meanwhile, through a statement of defence filed on March 10, claimed that the forfeiture application was still being pursued through appeal and the authorities had not yet revoked or amended the seizure order and as such, the money would remain confiscated.
Checks via the court system show that the suit against Maybank is set for case management on May 13, while for RHB Bank, case management is on July 13. – Bernama, April 7, 2022
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