14 Sept 2020
BANK KERJASAMA RAKYAT MALAYSIA SDN BHD CHONG VOON CHUNG
- Citation
- W-02(MUA)(W)-1709-09/2019 (Mahkamah Rayuan)
- Court
- MUA
- Case number
- W-02(MUA)(W)-1709-09/2019 (Mahkamah Rayuan)
The Court found on the balance of probabilities that the respondent's signature was genuine based on witness testimony, conduct, timing of police report, failure to plead specific fraud and lack of convincing evidence to show forgery; the Certificate of Indebtedness placed in the agreed bundle pursuant to the guarantee's conclusive evidence clause was binding and the respondent failed to show manifest error or fraud to displace it; accordingly the bank proved its monetary claim and the High Court's dismissal was set aside.