Court rules NFC entitled to damages from Public Bank for confidentiality breach
The Federal Court dismissed Public Bank's appeal and affirmed the Court of Appeal's decision. PUTRAJAYA : The Federal Court has unanimously upheld the Court of Appeal's ruling that Public Bank breached its statutory duty and confidentiality by revealing the accounts of National Feedlot Corporation (NFC) and three related companies to the public.
A three-member bench led by Chief Judge of Malaya Hasnah Hashim ruled that common law did not apply due to specific sections of the Civil Law Act 1956.
The court dismissed Public Bank's appeal and affirmed the Court of Appeal's decision.
The court also allowed NFC and the other appellants to appeal the previous award of RM10,000 in nominal damages.
The bench deferred a decision on the amount of damages to be awarded until June 18 but granted RM300,000 in legal costs to NFC and its subsidiaries.
NFC, its chairman Salleh Ismail, and its subsidiaries National Meat & Livestock Corporation Sdn Bhd and Agroscience Industries Sdn Bhd are seeking RM560 million in damages.
Salleh is the husband of former Wanita Umno chief Shahrizat Abdul Jalil. The claim includes RM60 million in general damages, RM250 million in aggravated damages, and RM250 million in exemplary damages.
The case dates back to 2012 when the bank allegedly allowed then-PKR vice-president Rafizi Ramli to access confidential banking details.
Rafizi later used this information to support allegations against NFC regarding a government loan linked to property purchases.
Public Bank's lawyer argued that minimal damages were appropriate, saying the financial analyst supporting NFC's claim was discredited in the lower courts.
The Court of Appeal found in 2023 that the High Court had misinterpreted evidence, justifying appellate intervention on liability, but only awarded nominal damages due to a lack of proof of actual loss.
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