Nor Bee Ariffin JCA:

The Appeals

[1] These two appeals No C-02 (NCVC)-1348-07-2017 (Appeal No 1348) and No C-02(IM)(NCVC)-1349-07-2017 (Appeal No 1349) arose from the decision of the learned High Court Judge on 14 June 2017.

[2] In the High Court, the plaintiff (Forest Steel) sued the 1st defendant (Iconic) and the 2nd defendant (Neoh) who is a shareholder of Iconic, for breach of contract for the termination of the Bauxite Sale and Purchase Contract dated 20 June 2015 (BSPC) and the Letter of Appointment (LA) also dated 20 June 2015 and sought several reliefs.

[3] Iconic resisted the claim and counterclaimed against Forest Steel and one Sam Siew Chong (Sam) who is the managing director of Forest Steel. Iconic sought among others a declaration that the BSPC and LA were lawfully and validly terminated by a notice dated 21 September 2015.

[4] The learned judge, after a full trial, allowed part of Forest Steel's claims for special damages and disallowed Forest Steel's claims for general damages and loss of profit. The learned judge dismissed Iconic's counterclaim.

[5] Being dissatisfied with the decision of the learned Judge in allowing Forest Steel's claim and the damages awarded