[1] This is an appeal by Minmetals South-East Asia Corporation Pte Ltd ('the plaintiff') against the decision of the High Court dismissing its claim against Nakhoda Logistics Sdn Bhd ('the defendant-carrier') for breach of a contract to carry and deliver cargo to the plaintiff. The learned High Court Judge found that the plaintiff failed to prove its claim for USD13,591,622.65 premised on the defendant-carrier's failure to deliver the cargo on presentation on the original bills of lading. The learned High Court Judge also stated alternatively that, if she was wrong on the issue of liability, then the defendant-carrier would only be liable for the sum of RM2,256,968.70