Introduction

[1] This is an appeal by Scandinavian Bunkering (Singapore) Pte Ltd (the plaintiff in the High Court) against the quantum of damages awarded by the Court of Appeal. The damages awarded were in respect of a claim by the plaintiff against the respondent, MISC Berhad (the defendant in the High Court) for breach of contract of a sale of fixed quantities Marine Fuel Oil ("MFO") also referred to as fixed price bunker supply agreement.

[2] We will describe the parties in this judgment as they appear in the High Court, namely the appellant as the plaintiff and the respondent as the defendant.

[3] It has to be highlighted at this point that the liability of the defendant to the plaintiff for breach of contract had been previously established following the summary judgment of the High Co