DATO MUHAMMAD HAFIDZ BIN NURUDDIN 1. ) INTAN SYAFINAZ BINTI REJAB 2. ) PUBLIC MUTUAL BERHAD

DATO MUHAMMAD HAFIDZ BIN NURUDDIN 1. ) INTAN SYAFINAZ BINTI REJAB 2. ) PUBLIC MUTUAL BERHAD

On the balance of probabilities the plaintiff failed to discharge the burden of proof to show forgery, breach of trust, negligence or causation of the claimed RM1,261,957.10. The court preferred the defendant's expert handwriting analysis (which examined originals and multiple specimen signatures) and found defendants' documentary and testimonial evidence showed proper processing, crediting of redemption proceeds to plaintiff's registered bank accounts, and compliance with contractual procedures; plaintiff's damages calculation and causation were unproven. Consequently the claim was dismissed with costs.

Citation
BA-23NCvC-62-12/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Dato' Muhammad Hafidz bin Nuruddin; Defendant 1: Intan Syafinaz binti Rejab; Defendant 2: Public Mutual Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 October 2023
Case Number
BA-23NCvC-62-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Claim (tort, Contract, Agency; Allegations of Forgery, Breach of Trust, Negligence) / Trial Judgment at High Court (judgment Delivered); Plaintiff Filed Appeal to Court of Appeal
Outcome
Plaintiff's claim dismissed on the merits (judgment for defendants)
Legal Topics
Forgery/signature Authentication, Breach of Duty of Care, Vicarious Liability, Damages and Causation, Burden of Proof, Expert Witness Evaluation, Contractual Limitation of Liability
Source Language
Malay/English
Tort Contract Agency Trust (pecah Amanah) Evidence Professional Negligence Forensic Document Examination Forgery/signature Authentication +6 more

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Parties

Dato' Muhammad Hafidz bin Nuruddin

Plaintiff

Intan Syafinaz binti Rejab

Defendant 1

Public Mutual Berhad

Defendant 2

Procedural Posture

Civil Claim (tort, Contract, Agency; Allegations of Forgery, Breach of Trust, Negligence) / Trial Judgment at High Court (judgment Delivered); Plaintiff Filed Appeal to Court of Appeal

Legal Issues

  1. 1 Whether Defendant 1 forged plaintiff's signatures on redemption and switching forms
  2. 2 Whether Defendant 1 breached fiduciary/consultant duties or was negligent
  3. 3 Whether Defendant 2 breached contractual or tortious duties or is vicariously liable for Defendant 1

Ratio Decidendi

On the balance of probabilities the plaintiff failed to discharge the burden of proof to show forgery, breach of trust, negligence or causation of the claimed RM1,261,957.10. The court preferred the defendant's expert handwriting analysis (which examined originals and multiple specimen signatures) and found defendants' documentary and testimonial evidence showed proper processing, crediting of redemption proceeds to plaintiff's registered bank accounts, and compliance with contractual procedures; plaintiff's damages calculation and causation were unproven. Consequently the claim was dismissed with costs.

Court Disposition

Plaintiff's claim dismissed on the merits (judgment for defendants)

Orders

  • Plaintiff's claim is dismissed
  • Costs awarded to Defendant 1 in the sum of RM25,000.00 (subject to taxation/alokatur) to be paid by Plaintiff