JUDGMENT

Abdul Malik Ishak J:

Introduction

[1] The plaintiff appealed to the judge in chambers against the decision of the learned senior assistant registrar who struck out the plaintiff's claim. That appeal can be seen in encl. 149.

The Salient Facts

[2] The plaintiff was the sole proprietor of a company known as the "West Malaysia Frozen Food Company" and that company was engaged in the business of exporting frozen seafood. At all material times, the plaintiff was a customer of the defendant - Hock Hua Bank Berhad ("the bank").

[3] In 1974, the plaintiff sold and shipped consignments of frozen prawns to one Mathew (since deceased) in England. Thirteen (13) invoices were raised by the plaintiff. The plaintiff had drawn up thirteen (13) bills of exchange against the said Mathew requiring him to pay to the order of the bank as the plaintiff's bankers the amount of the said bills which had a face value of RM1,005,700.22 after conversion from Sterling into Malaysian Ringgit.

[4] The thirteen (13) bills of exchange were given to the bank by the plaintiff for collection. The bank credited the plaintiff's account with the face value of the bills and forwarded the said bills to its correspondent