OMEGA SECURITIES SDN BHD vs KOK FOOK LOY

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 MarsdenLR 45

HIGH COURT MALAYA KUALA LUMPUR
OMEGA SECURITIES SDN BHD – Appellant
Versus
KOK FOOK LOY – Respondent

Petitioner Advocates:Bahari Yeow ,Respondent Advocate: TT Ng

Table of Content
1. claim for monies under a margin facility agreement. (Para 1)
2. denial of account opening and signature authenticity as defense. (Para 2)
3. pleading requirements for claims of forgery. (Para 3 , 4)
4. burden of proof on defendant for allegations of forgery. (Para 5 , 6 , 7 , 8)
5. challenges in evaluating handwriting expertise. (Para 9 , 10 , 11 , 12)
6. evaluation of expert testimony on handwriting authenticity. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
7. insufficient evidence of a cheating scheme. (Para 24)
8. claim proved with binding nature of documents. (Para 25 , 26)
9. final award and conclusion regarding the claim. (Para 27)

Mary Lim JC:

Briefs Facts

[1] This is a claim for monies due under a margin facility agreement granted by the plaintiff to the defendant on 17 November 1997. The limit afforded to the defendant was RM60 million. With this facility, the defendant was able to purchase and sell stocks, shares, debentures and warrants through the Kuala Lumpur Stock Exchange (Bursa Malaysia) subject to the terms and conditions in the agreement. The facility was utilized and trading was conducted through the account opened. The defendant failed to

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2009 MarsdenLR 45

HIGH COURT MALAYA KUALA LUMPUROMEGA SECURITIES SDN BHD – AppellantVersusKOK FOOK LOY – Respondent

Cases Referred (3)

HIGH COURT MALAYA KUALA LUMPUR
OMEGA SECURITIES SDN BHD – Appellant
Versus
KOK FOOK LOY – Respondent