15 May 2025
Bukit Baru Villas Sdn Bhd Public Bank Berhad
- Citation
- W-02(NCvC)(W)-1940-11/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-1940-11/2023 (Mahkamah Rayuan)
High Court finding of forged signatures was affirmed on the totality of evidence (handwriting expert, denials of authorised signatories and bank officers' admissions); the bank failed to establish estoppel under s24 (no clear and unequivocal representation) and failed both limbs of s73A (no proof of BBV's knowing or negligent contribution to the forgeries and bank did not act in good faith given obvious red flags and inadequate verification); section 29 Limitation Act 1953 did not apply because fraud was not pleaded against the bank or its agents and the statutory pleading requirements were n…