Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Forgery and handwriting evidence

Legal area

Court

4 Sept 2023

1. ) NG EE NEE 2. ) NG EE NEE (MENYAMAN DALAM KAPASITI SEBAGAI PENJAGA DAN IBU KEPADA ASHLEY CAI RYUI ENN) PRUDENTIAL ASSURANCE MALAYSIA BERHAD

Citation

WA-22NCC-5-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-5-01/2020 (Mahkamah Tinggi)

Court found on balance that signature on Proposal Form 171 was not proven forged; independently, insured materially non-disclosed prior neurological consultations and diagnostic tests to the medical examiner (SME), which were material under s150 and would have affected underwriting; non-disclosure breached utmost good faith and justified insurer's repudiation; fraud/forgery/conspiracy claims collapse for lack of proof and absence of loss causation; result: plaintiffs' claims dismissed and costs awarded.
16 Mar 2023

Fung Lee Mee @ Jellsie 1. ) Fung Shaw Yiew @ Jellfer 2. ) Fung Siew Fa @ Emily

Citation

S-01(NCvC)(W)-390-08/2020 (Mahkamah Rayuan)
Court

NCvC
Case number

S-01(NCvC)(W)-390-08/2020 (Mahkamah Rayuan)

Appeals allowed; High Court judgment set aside. On the balance of probabilities the court found the MOT and transfers were valid or, alternatively, the evidence and practice supported the legitimacy of the transfer and the existence of a trust for the mother; the bank was a bona fide subsequent chargee entitled to deferred indefeasibility of its charge. Result: plaintiffs' claim dismissed and costs awarded to appellants.