Sabarudin bin Othman & Anor v Malayan Banking Bhd and another appeal [2018] MLJU 304

COUNSEL & SOLICITOR:
Chan Kah Meng (Tan Wei Wei with him) (Lim Kian Leong & Co) for the appellant.

COURT OF APPEAL (PUTRAJAYA)

Whether Plaintiff’s claim for items of the Third Party Notice should be allowed – Whether res judicata apply to preclude Third Party B from raising limitation as a defence against the plaintiff’s claim – Whether the Plaintiff’s claim is time barred – Whether Plaintiff can approbate and reprobate – Whether the learned judge’s finding of negligence against Third Party A and B is sustainable – Whether the alleged forgery of the 3rd defendant’s signature of the impugned documents has been established – Distinction between documents required by law to be attested and documents not required by law to be attested