Raus Sharif JCA:

[1] This appeal is directed against the decision of Johore Bahru High Court dismissing the plaintiff's claim against the defendant with costs. The plaintiff in his claim had sought for:

i) A declaration that his suspension as a remisier from 27 December 1994 to 18 September 1996 was unlawful;

ii) Damages for the unlawful suspension from 27 December 1994 to 18 September 1996 to be assessed.

[2] On 9 July 2008, we heard this appeal whereafter by majority, we dismissed it with costs (Abdul Malik Ishak JCA dissenting). For ease of reference, we shall refer the parties in this judgment as in their original capacity: plaintiff and defendant respectively.

Background Facts

[3] The brief facts relevant to this appeal are these. The defendant, a member company of the Kuala Lumpur Stock Exchange (now Bursa Malaysia), had by a letter dated 21 April 1992 offered the plaintiff employment as a remisier. The salient terms were:

(a) Minimum security deposit of RM50,000;

(b) Trading limit of 15 times of security deposit.

[4] On 4 April 1994, the plaintiff had signed a contract ("remisier agreement") prepared by the defendant governing the terms and conditions of his employment as a r