PUTRAJAYA: The Federal Court has ordered Public Bank Bhd to pay RM90mil in damages to National Feedlot Corporation (NFCorp), its chairman Datuk Mohamad Salleh Ismail, and three subsidiary companies for breaching confidentiality by leaking bank account information.
A three-judge panel, chaired by Chief Judge of Malaya Justice Tan Sri Hasnah Mohammed Hashim, made the decision on the quantum of damages here on Wednesday (June 18).
The court ordered the bank to pay RM30mil for equitable damages, RM30mil for aggravated damages and another RM30mil for exemplary damages.
It also imposed a 2% per annum interest on the total, beginning today, until the amount is paid off.
Other judges on the bench were Chief Judge of Sabah and Sarawak Justice Tan Sri Abdul Rahman Sebli and Federal Court judge Justice Datuk Abu Bakar Jais.
On May 26, the same panel dismissed Public Bank's appeal in the lawsuit filed by NFCorp and four others.
The panel unanimously dismissed the bank's appeal to overturn the Court of Appeal's August 2023 decision, on the grounds that common law was not applicable in the case.
It ordered Public Bank to pay RM300,000 in costs to NFCorp and others.
On Aug 30, 2023, the Court of Appeal allowed an appeal by Salleh and the subsidiaries against Public Bank for breaching contract confidentiality.
The appellate court found a serious misappreciation of evidence, warranting appellate intervention, and ordered Public Bank to pay RM500,000 in costs.
However, it said the appellants had not proven damages and only awarded them RM10,000 in nominal damages.
The Federal Court panel had allowed the appellants' cross-appeal against the nominal sum but deferred its decision on the quantum until today, when it awarded the total of RM90mil.
The lawsuit, filed on May 22, 2012, alleged that the bank breached confidentiality by allowing banking transaction details to be revealed by then PKR vice-president Rafizi Ramli.
They claimed the breach caused irreparable loss and damage to their business reputation under the Banking and Financial Institutions Act 1989.
On July 29, 2019, the High Court dismissed the lawsuit against the bank.
When met outside the court, Salleh thanked his legal team.
"My family and I... My wife and children, we went through several hardships over the years. For 13 years. We are grateful to Allah," he said.
