[1] The 1st defendant received two banker's cheques; one dated 3 August 2007 and bearing the sum of RM144,350, the other dated 9 August 2007 bearing the sum of RM185,630. Both cheques were issued pursuant to remittance forms which contained forged signatures of the authorized signatories of a company known as Xian Jiang Trading Sdn Bhd (Xian Jiang). When the plaintiff discovered that Xian Jiang had not issued those remittance application forms, it made a police report; returned those two sums into Xian Jiang's account and, pursued the current action against the 1st defendant in order to recover the same. The plaintiff has premised its claim on several causes of action:

(i) that the 1st defendant did not receive the monies in good faith and was not a bona fides party;

(ii) that there was no consideration from the 1st defendant to the plaintiff or to Xian Jiang or to the nominees or agent of the plaintiff or Xian Jiang;

(iii) that the two payments were made pursuant to forged documents and perpetrated by fraud;

(iv) that the monies were paid under a mistake of fact; and

(v) recovery of money had and received.

Locus Standi Of The Plaintiff

[2] By way of a preliminary issue, the 1s