Wee Chong Jin CJ:

The facts relevant for the determination of this appeal have been fully set out in the judgment of Choor Singh J but although I am in entire agreement with him that the trial Judge ought, on all the evidence, to have held that the appellant had proved that the certificate in question was a forgery, I am unable to agree with him that the certificate produced to the negotiating bank in Taiwan was not in strict compliance with the condition stipulated in the letter of credit.

The condition is that there was to be produced to the negotiating bank in Taiwan "a certificate signed by Balwant Singh holder of Malaysian Passport E.13276 certifying that the vessel has been built according to specifications and is in fit and proper condition to sail. In the absence of such a certificate the letter of credit is not to be allowed negotiation". The certificate that was produced to the bank in Taiwan was typed on the letter-head of the appellant and was in the following terms:

Reference to the letter of credit No. 2693, U.S. dollars forty-five thousand, issued by the Bank of Banque De L'Indochine Singapore, covering shipment of one Fishing Boat 'M/V Wei Ching No. 6' Gr