Federal Court upholds ruling against Public Bank over NFCorp data breach, quantum of damages to be decided June 18
PUTRAJAYA, May 26 — The Federal Court here today upheld the decision of the Court of Appeal which found Public Bank Berhad liable for breach of confidentiality in the case involving National Feedlot Corporation (NFCorp) and four others.
A three-member bench led by Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim, in a unanimous decision today, dismissed the bank's appeal to overturn the appellate court's Aug 2023 ruling.
Sitting with her were Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli and Federal Court judge Datuk Abu Bakar Jais.
The panel also ordered Public Bank to pay RM300,000 in legal costs.
Meanwhile, the court allowed a cross-appeal by NFCorp, its chairman Datuk Mohamad Salleh Ismail, and three subsidiary companies - National Meat and Livestock Corporation Sdn Bhd, Agroscience Industries Sdn Bhd, and Real Food Company Sdn Bhd - to overturn the appellate court's decision that had awarded nominal damages to them.
Mohamad Salleh is the husband of former Wanita Umno chief Tan Sri Shahrizat Abdul Jalil.
However, Justice Hasnah fixed this June 18 to deliver the court's decision on the quantum of damages, saying the court requires time to consider relevant documents.
In today's proceeding, lawyer Tan Sri Muhammad Shafee Abdullah, representing NFCorp and four others, submitted that his clients were seeking RM60 million in general damages and RM250 million each in aggravated and exemplary damages.
In dismissing the bank's appeal, Justice Hasnah ruled that common law did not apply in this case.
NFCorp and four others sued the bank in 2012 over the leakage of their banking details.
The High Court dismissed the lawsuit in 2019, but the appellate court reversed the decision after allowing their (NFCorp and four others) appeals.
However, the Court of Appeal held that since NFCorp and the four others succeeded in proving liability, but failed to prove damages, the court decided to award a sum of RM10,000 in nominal damages.
In the suit, NFCorp and four others claimed the bank breached confidentiality by allowing details of their banking transactions to be revealed by the then PKR vice-president Rafizi Ramli (now Economy Minister).
They also claimed their business reputation and credibility suffered irreparable loss and damage as a result of the breach under the Banking and Financial Institutions Act.
In today's proceeding, lawyer Chan Kok Keong, representing the bank, argued that only nominal damages should be awarded to NFCorp and four others as there was no credible evidence to prove the losses and damages suffered by them (NFCorp and four others). — Bernama
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