Banks can use computer-generated statements to recover loans, rules court

The Court of Appeal in Malaysia has ruled that banks can use computer-generated statements to recover loans in court, as long as a bank officer testifies that the records were produced by a computer used in the ordinary course of business. This decision overturned a previous High Court ruling that had dismissed a bank's claim to recover RM689,207 from a borrower and two personal guarantors.

The Court of Appeal clarified that these documents are admissible under Section 90A(1) of the Evidence Act 1950, as the bank officer had verified and signed the certificate, and testified that the statements were generated by the bank's computer in the ordinary course of business. The case involved two loan facilities totaling RM15 million granted by SME Bank to Panji Timor Holdings Sdn Bhd for a hotel project in Seremban, Negeri Sembilan.

After the borrower defaulted on the payments, the receivers and managers sold the land and incomplete hotel for RM15 million in 2014. SMEB Asset Management Sdn Bhd, which took over the bank's business and financing contracts, later sued to recover the outstanding debt, with Panji Timor counterclaiming for a surplus of about RM3.92 million.

Brief written by urgent.news from Free Malaysia Today's own syndicated text. Machine-written — may contain errors; check the original before relying on it.