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FEDERAL COURT PUTRAJAYA
PUBLIC BANK – Appellant
Versus
NEW ACE DIGITAL PRINT SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. legal authority of survivorship clause is contested. (Para 1 , 20) |
| 2. the nature and terms of the joint account were misinterpreted in subsequent proceedings. (Para 2 , 4 , 6) |
| 3. joint account management and liability. (Para 3) |
| 4. the survivorship clause governs account holder's rights and obligations post-death. (Para 5 , 9 , 12) |
| 5. responsibility of bank in joint account obligations. (Para 10) |
| 6. payments made via forged means invoke liability despite the survivorship clause. (Para 11 , 13 , 14 , 16 , 29) |
| 7. strict liability for payments under forged instruments. (Para 15 , 22) |
| 8. legal discharge is not valid when statutory breaches occur. (Para 17) |
[1] Leave to appeal has been granted by this court on the following question:
"Whether a survivorship clause which is found in the banking contract and/ or the nature of the joint account itself automatically operates upon the death of a joint account holder and allows the Bank to pay the money to the surviving joint account holder to obtain a good discharge where the survivor subsequently presented to the Bank a cheque containing the forged signature after the death of the other joint account holder."
[2] In the High court,
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