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2008 MarsdenLR 3686 ; 2008 MarsdenLR 1

DAVID WONG DAK WAH
SUN HO SDN BHD – Appellant
Versus
ALLIANCE BANK MALAYSIA BERHAD & ANOR – Respondent


JUDGMENT

Introduction

The plaintiff claims against the 1st defendant for the sum of RM1,041,459.10 on the ground that the 1st defendant had wrongfully debited that amount from the plaintiff's account with the 1st defendant, based on 55 cheques which did not bear the signature of the plaintiff's authorized signatory. In respect of the 2nd defendant, the plaintiff's claim is for the sum of RM195,809.83 on the ground that they had wrongfully debited that amount from the plaintiff's account with the 2nd defendant, based on 22 cheques and 12 applications for telegraphic transfers, banker's drafts and cashier's orders which did not bear the signature of the plaintiff's authorized signatory.

In both claims the plaintiff's case is that the signatures appearing on the said cheques and applications were forged.

Issue:

There is only one issue in this case, that is:

Whether the signatures of the Lee Chong Sang @ Lee Sun Hoo in respect of the cheques and the applications for telegraphic transfers, banker's drafts and cashier's orders were forged?

Before I deal with the contention of the counsels, I should state from the outset that the standard of proof required in this case is one of balance o

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