Abdul Malik JCA:

The Sole Issue

[1] There was only one issue for determination by this court and that was whether the respondent (Commercial Union Assurance (Malaysia) Sdn Bhd) was liable to make any payment to the appellant (Tiong Nam Trading & Transport (M) Sdn Bhd) under the Marine Goods-In-Transit/Carrier Liability Policy No: 05Q201582 MOC (hereinafter referred to as the "Carrier Liability Policy")? I would answer this question in the positive and I will now set out the reasons thereto. I must, however, put on record that I have read the judgment of my learned brother KN Segara, JCA and agree with the views which he held and has expressed.

Background Facts

[2] Before the High Court vide civil suit no: S1-23-41-1994 (hereinafter referred to as "the High Court suit"), the plaintiff (Leader Cable Industry Berhad) brought an action against the defendant (Tiong Nam Trading & Transport (M) Sdn Bhd) for negligence and/or breach of contract entered into between the parties.

[3] The plaintiff (Leader Cable Industry Berhad) was and is, at all material times, manufacturers of telecommunication cables.

[4] While the defendant (Tiong Nam Trading & Transport (M) Sdn Bhd) was and is,