JUDGMENT

Balia Yusof Wahi J:

Facts

[1] Sometime in April 1997, the plaintiff opened an account with the defendant bank namely a current account, a savings account and a fixed deposit account jointly in his name and in the name of his son Gilbert Wong U Bing (hereinafter referred to as direct access account). The plaintiff gave his correspondence address as No. 51 Jalan Bengkudu (Jalan 42) Kepong Baru, 52100 Kuala Lumpur. Ever since the opening of the same, the plaintiff has been receiving his monthly statement of accounts at the said address.

[2] On 17 March 2007, without the consent of the plaintiff, the defendant sent the statement of accounts of the plaintiff to No. 51 Jalan Teluk Pulai, Bukit Seputeh, 58000, Kuala Lumpur. On 17 April 2007 the defendant again sent the same to the said address and again without the plaintiff's consent. As a result of that, the plaintiff's wife come to know about the said accounts and this has created problem between them. Since then, the plaintiff has suffered anxiety, trauma, depression, miseries, financial loss and health problems. The plaintiff claims he has now to share the amount of his savings in those accounts with his wife. The plaintiff is a