1 Mar 2023
1. ) MASHUDAN BIN KAMAR 2. ) Kharil Bin Sulaiman (Menuntut Sebagai Pengamanah Persekutuan Guru-guru Melayu Johor, Cawangan Batu Pahat) 3. ) HAJI SANUSI BIN HAJI LAMBING 4. ) HJ ABDUL KADIR BIN HJ MUHAMMAD 5. ) ZAMILAH BINTI HAJI EKHWAN 6. )
- Citation
- J-02(NCvC)(W)-2088-11/2021 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- J-02(NCvC)(W)-2088-11/2021 (Mahkamah Rayuan)
The Court held the bank was liable for wrongfully releasing RM2,340,000 because the Power of Attorney was fraudulent and Ex D.2 was not proved to have been issued or authenticated by PGMJ; the respondent bore the burden of proving the representation and genuineness of Ex D.2 and failed to do so; the High Court misdirected in admitting Ex D.2 and in shifting the onus to appellants; appeal allowed in respect of the claims for recovery (prayers (a) and (b)) with interest and costs; the respondent’s cross-appeal against third parties was struck out as incompetent (majority).