Alauddin Mohd Sheriff CJ (Malaya):

[1] The records before us disclose the following facts. One Lim Tian Huat ("Lim") intended to take a loan from the appellant to set up a marble factory. Lim however had no prior business record which made it difficult for him to secure a loan. Lim approached his friend Kong Siew Ken ("Kong") for assistance in securing the loan. Kong applied for a loan from the appellant in his own name and offered Lim's landed property as security. The property is described as HS(D) 9411, 9412 & 9414, PTD NO 4052, 4053 and 4055 in Mukim Paloh, District of Kluang, Johor ("the Property").

[2] Tan Liew Lin ("Tan") was a friend of both Kong and Lim. Kong instructed Tan to approach the respondent for a valuation of the Property.

[3] The respondent company is a property valuer. It's managing director, Ng Heng Cheong ("Ng") is a registered valuer. At the material time, the other registered valuer in the respondent's employ was one Long Tian Chek ("Long"). The respondent also employed an assistant at that time identified only as "Teo".

[4] Tan's initial contact was with Ng. The actual valuation was conducted by Long who was assisted by Teo. Teo was shown the Property