Hasan Lah JCA (delivering judgment of the court):

INTRODUCTION

This is the appellant’s appeal against the whole of the decision of the High Court. The respondent has also appealed against the decision but limited to the issue of quantum of damages awarded in its favour. The respondent in this appeal was the plaintiff in the court below and the appellant was the defendant. The crux of the plaintiff’s claim against the defendant was for breach of contract and negligence by the defendant as banker to fulfil their contractual obligation and duty of care to the plaintiff as their customer in respect of an international trade facility for the import of raw sugar and onward sale to a local buyer. This breach by the defendant resulted in the supply of raw sugar from the overseas supplier being aborted, and cancellation of the sale to the local buyer, hence the loss and damages claimed by the plaintiff against the defendant.

The defendant counterclaimed against the plaintiff for a total sum of RM651,878.80 in respect of processing fee, commission, telex charges, legal costs and loss in the forex contract.

FACTS

The essential facts are this. PW1 (Mohd Said bin Ab Latif) formed the plaintiff compa