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2012 MarsdenLR 453

HIGH COURT MALAYA KUALA LUMPUR
LEOLARIS (M) SDN BHD – Appellant
Versus
BUMIPUTRA COMMERCE BANK BERHAD – Respondent


Petitioner Advocates:RS Sodhi ,Respondent Advocate: Wong Hok Mun,Arham Rahimy Hariri

Table of Content
1. plaintiff's claim details and losses. (Para 1 , 4 , 5)
2. defendant's breach of duty and authority. (Para 3)
3. legal principles and related cases. (Para 6)
[1] This is my judgment in respect of the plaintiff's claim against the defendant for honouring forged cheques, and debiting the same in the plaintiff's account. The relevant part of the statement of claim, inter alia, reads as follows:

"3. The terms of the contract (hereinafter referred to as the said contract) between the plaintiff and the defendant in respect of the opening of the current account referred to in para 2 above are inter alia as follows:

3.1 Express Terms

(a) that the authorised signatories of cheques drawn by the plaintiff are Gordon Stuart Bell, William leslie Addington, John E Dixon and Ling Hee Kiat and

(b) that the signatories for cheques drawn by the plaintiff for RM5,000 and below would be any one of the four authorised signatories and for cheques in excess of RM5,000/- would be any two of the four authorised signatories.

3.2 Implied Terms

(a) that the defendant shall protect the plaintiff from being defrauded and

(b) that the defendant shall only make payments on cheques which are regular and un

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