30 Oct 2023
STARFISH HOLDINGS SDN BHD 1. ) HONG LEONG BANK BERHAD 2. ) WAHIDATUL ZAKIAH BINTI BAHARUM
- Citation
- W-04(NCC)(W)-498-10/2022 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-04(NCC)(W)-498-10/2022 (Mahkamah Rayuan)
The Court held that on the balance of probabilities the drawer (Appellant) knowingly or negligently contributed to the forgeries by entrusting chequebooks to a non‑signatory and failing to reconcile cheque butts with bank statements, and the bank established it paid in good faith; therefore s.73A operated to defeat the s.24 claim and the bank was not liable, justifying reversal of the Sessions Court and dismissal of the Appellant's appeal.