RHB filed an application to strike out the couple’s suit on March 25, The Edge reported.
It will be heard before judicial commissioner Liza Chan on July 13 following case management on Thursday.
The couple’s statement of claim revealed that the joint accounts were opened at RHB’s branch in Bangsar Shopping Centre, according to the financial daily.
The duo said the accounts were “seized” by the authorities on or about March 2019 under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activity Act 2001 (AMLATFPUA).
“They claimed that the seizure order ceased in March 2020, while the High Court had dismissed the authorities’ forfeiture application on Nov 8 last year.
“After the failed forfeiture order, Lim had gone to RHB on several occasions in November and demanded access to the accounts to pay for their daily expenses, child’s education fees and other expenses. However, she was denied access to the joint accounts,” the report said.
RHB had refused to comply with the couple’s notice of demand to get access to the two accounts.
The couple said a cheque for RM100,000 was issued by Lim to one Rudy Ng Chong Jin, but the cheque was not honoured by the bank.
They were informed by the bank’s solicitors that their accounts remained “seized” by the authorities.
“The couple is seeking a court order that they be given access to the accounts, that the bank furnish them with certified true copies of the monthly statements from March 2019 until the date of the court order, special damages of RM100,000, as well as general and exemplary damages to be assessed by the court.”
RHB, in its defence dated March 10, said the couple was not liable to claim damages from the bank pursuant to Section 50(2) of the AMLATFPUA.
The bank said “the order to seize had not been revoked due to the fact that the public prosecutor is continuing with the forfeiture application by appealing to the Court of Appeal”.
Ng and Lim argued that they should be allowed access to their accounts as the High Court, in dismissing the forfeiture order sought by the authorities last November, had not made any order for a stay of execution.
In an affidavit in support of RHB’s striking out application, RHB Bangsar branch manager Awangku Ali Karim said the authorities had not revoked or varied the seizure order in view of the forfeiture application having continued on to appeal, and that the money in the plaintiff’s accounts remained seized.
“The plaintiff’s remedy lies with the authorities and not with the bank. For these reasons, I have been advised that the couple’s claim in this action is scandalous, frivolous, vexatious and an abuse of the court process, and we pray the defendant’s striking out application will be allowed,” he said.