ASIEN-PAZIFIK MERCHANT FINANCE LTD v. SHANGHAI COMMERCIAL BANK LTD
- Citation
- ASIEN-PAZIFIK MERCHANT FINANCE LTD v. SHANGHAI COMMERCIAL BANK LTD
- Court
- Court of First Instance
- Case number
- HCA4403/1978
The judge found the 13 cheques to be forgeries, held that forged signatures produce nullities that do not authorize the bank to debit the account, and concluded the defendant failed to establish a triable defence that the plaintiff breached any duty sufficient to bar recovery; established authorities (notably MacMillan) restrict the customer's duty to care in drawing cheques and do not impose a wider duty in account operation, so the plaintiff was entitled to the declaration and payment less sums recovered.