CIMB BANK BERHAD vs PANARON CONTROL SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 MarsdenLR 1707

COURT OF APPEAL PUTRAJAYA
CIMB BANK BERHAD – Appellant
Versus
PANARON CONTROL SDN BHD – Respondent

Table of Content
1. plaintiff's claim against the bank for forged cheques. (Para 1 , 1 , 2)
2. introduction to the appeal and the parties involved. (Para 3)
3. details of the plaintiff's banking operations and mandates. (Para 4 , 5 , 6 , 9)
4. details of the plaintiff's account and the complaint of forgeries. (Para 7 , 8)
5. description of fraudulent activities involving bank cheques. (Para 10 , 11 , 12 , 13 , 14)
6. court's findings on banking negligence and error. (Para 16 , 17 , 18 , 22 , 24)
7. court's findings on bank's negligence regarding cheques. (Para 20 , 23)
8. implications of s 73a of the bea on negligence. (Para 28 , 29 , 30 , 32)
9. analysis of the bank's defense under s 73a bea. (Para 31)

[1] The appeal before us was from a decision of the High Court at Bintulu which had allowed the plaintiff 's claim against the defendant.

The appellant/defendant was a commercial bank operating a branch at Bintulu and where the respondent/plaintiff maintained a current account (No: 1106-0010193057)(bank account).

[2] The respondent's/plaintiff 's action was essentially premised on the allegation that the appellant/defendant had unlawfully and/or without mandate or authority honoured forged cheq

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2014 MarsdenLR 1707

COURT OF APPEAL PUTRAJAYACIMB BANK BERHAD – AppellantVersusPANARON CONTROL SDN BHD – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
CIMB BANK BERHAD – Appellant
Versus
PANARON CONTROL SDN BHD – Respondent