Low Hop Bing JCA:

Appeals

[1] The appellant-defendant ("the bank") has filed two related appeals against two separate decisions of the learned judge of the Kuala Lumpur High Court. These appeals are:

Appeal No Decision Appealed Against

(1) W-02-586-08 The bank's application, which sought to set aside the judgment dated 27 July 2007 given for the respondent- plaintiff ("the customer"), was dismissed with costs.

(2) W-02-722-07 Judgment with costs was given for the customer on 27 July 2007.

[2] By consent of the parties, Appeal No (1) was heard first, as the outcome thereof would have a direct bearing on Appeal No (2).

[3] On 20 February 2009, we allowed these two appeals with costs, set aside the judgment given for the customer and ordered the deposits to be refunded to the bank. We now give our grounds.

Factual Background

[4] The customer was the sole proprietor of Omar Khayam Enterprise.

[5] The bank had granted banking facilities to the customer.

[6] On 4 March 1999, by way of a writ action vide Kuala Lumpur High Court Civil Suit No. 2-22-155-1999, the customer sought to recover a sum of RM233,155 with interest, on the basis of the bank's negligence and/or breach of contract.