PUTRAJAYA: The Federal Court has ordered Public Bank Bhd to pay RM90mil in damages to National Feedlot Corporation ( Corp), 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 Hasnah Mohammed, made the decision on the quantum of damages here yesterday.
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% interest on the total, beginning yesterday, until the amount is paid off.
Other judges on the bench were Chief Judge of Sabah and Sarawak Justice Abdul Rahman Sebli and Federal Court judge Justice Abu Bakar Jais.
On May 26, the same panel dismissed Public Bank’s appeal in the lawsuit filed by Corp and four others.
The panel unanimously dismissed the bank’s appeal to overturn the Court of Appeal’s August 2023 decision on grounds that common law was not applicable in the case.
It ordered Public Bank to pay RM300,000 in costs to Corp and others.
Regarding a cross-appeal by Corp and others against the Court of Appeal’s award of RM10,000 in nominal damages, the court allowed the appeal but deferred the decision on the damages’ quantum until Wednesday.
On Aug 30, 2023, the Court of Appeal allowed an appeal by Mohamad Salleh and its 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.
The lawsuit, filed on May 22, 2012, alleged the bank breached confidentiality by allowing banking transaction details to be revealed by then PKR vice-president Datuk Seri Rafizi Ramli, who recently resigned as Economy Minister.
They claimed the breach caused irreparable loss and damage to their business reputation under the Banking and Financial Institutions Act.
On July 29, 2019, the High Court dismissed the lawsuit against the bank.
When met by the media later, Mohamad 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 God,” he said.
