Breach of confidentiality occurs when a bank discloses account information without customer consent, leading to emotional and financial distress.

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 alleging a breach of duty on the part of the defendant in failing to keep the confidentiality of his accounts and transactions with the defendant and is claiming for general and exemplary damages, special damages in the sum of RM317,797.14, interest and costs.

The Plaintiff's Evidence

[3] In his evidence, the plaintiff stated that he opened the direct access accounts with the defendant in a joint name with his son from a previous marriage. He dealt with one Mr. Khairul. He gave his correspondence address as No. 51 Jalan Bengkudu (Jalan 42) Kepong Baru, 52100 Kuala Lumpur to keep it confidential and out of the knowledge of everybody including his wife. This is because the monies in the said three direct access accounts are for the benefit of his said son. Exhibits P4 and P5 are statement of accounts for the said three direct access accounts sent to the correspondence address of no. 51 Jalan Bengkudu (Jalan (42) Kepong Baru, 52100 Kuala Lumpur dated 17 May 1997 and 16 March 2007. The express terms and conditions of the agreement between the parties are spelt out in exh. P6.

[4] The plaintiff further testified that by a statement dated 17 March 2007 and 17 April 2007 (exh. P7) the defendant has sent them to No. 51 Jalan Teluk Pulai, Bukit Seputeh, 58000, Kuala Lumpur and was received by his wife. Upon knowing the existence of these accounts, his wife has caused stressed and miseries to him because of the secrecy of the said accounts and she has demanded 50% of the total balance to be given to her. The plaintiff testified that he has been keeping the accounts as a secret. The plaintiff then wrote exh. P8 to the defendant complaining about the matter and exh. P9 is the letter of the defendant apologizing to the plaintiff for the inconvenience caused and enclosing a gift along with the letter. In a further letter to the defendant marked as exh. P10, the plaintiff stated that his wife has applied for a credit card from the defendant and has given his name as her husband and has given her address as No. 51 Jalan Teluk Pulai, Bukit Seputeh, 58000 Kuala Lumpur. The plaintiff further states in the said letter that he also has accounts with other banks including with the defendant in joint name with his wife. The statements to these accounts are sent to the No. 51 Jalan Teluk Pulai, Bukit Seputih, 58000 Kuala Lumpur address with only his name appearing on the cover and it is his wife who goes through these statements and does the filing. It is for