Mohamed Dzaiddin Abdullah FCJ:

[1] These two appeals arose from the decision the High Court (Commercial Division) Kuala Lumpur in two consolidated actions given on 7 December 1993.

[2] In Rayuan Sivil No: 02-747-1993, China Airlines Limited (China Airline) was dissatisfied with part of the decision of the learned Judge who ordered China Airline to pay to the respondents, Maltran Air Corporation Sdn Bhd (the agent) a sum of RM1,679,097.49 with interest at the rate of 8% per annum from 11 September 1989 date of full payment.

[3] The Judge held that this amount represented the sum due and owing by China Airline to the agent under the Airline's incentive bonus scheme for the years 1986, 1987, 1988 and 1989.

[4] The second appeal, Rayuan Sivil No: 2 Mei 1994 was brought by the agent who was dissatisfied with the decision of the trial Judge in dismissing its other claim against China Airline, in particular against the order of the Court that it was liable to pay to China Airline the sum of RM814,171.14 with interest.

[5] The agent was also dissatisfied with the order dismissing its claim against Perwira Habib Bank Berhad, the second respondent, with respect to the Banker's Guarantee g