[1] This was an appeal by the appellant against the decision of the High Court at Johor Bahru after a full trial. The learned High Court Judge dismissed the appellant's claim and allowed the respondents' counterclaim.

[2] This appeal concerned specific findings made by the learned High Court Judge. This Court will not readily intervene with the findings of fact arrived at by the trial Court unless there is a fundamental misdirection that warrants appellate intervention. The law reports are replete with authorities setting out instances where appellate intervention was exercised. Abdul Malik Ishak JCA writing a separate judgment in Yoong Sze Fatt v. Pengkalen Securities Sdn Bhd , 2009 MarsdenLR 4322 had this to say on this subject at pp 125 to 126 of the report:

"It would be ideal to set out, briefly, instances where the finding of facts by the trial Court was reversed by the appellate Court:

(a) non-consideration or insufficient or no judicial appreciation of mater