Ramly Ali JCA (delivering judgment of the court):

THE APPEAL

The appellant in the present appeal was the plaintiff in the court below. The appeal before us is against the decision of the learned High Court judge dated 14 August 2012 in striking out the appellant’s writ and statement of claim with costs under O 18 r 19 of the former Rules of the High Court 1980 (‘RHC’) (now Rules of Court 2012).

THE APPELLANT’S CLAIM

The appellant at the material time was a third party chargor who had allowed its land vide Title No PN 10408, Lot 18, Section 20; Title No PN 10410, Lot 19 Section 20; and Title No PN 10411 Lot 20, Section 20, all at Petaling Jaya City Petaling District, Selangor to be charged to the respondent as security for several banking facilities granted by the respondent to one Percetakan Solai Sdn Bhd (‘the borrower’).

The appellant’s claim against the respondent is based on negligence ie that the respondent had acted negligently and/or in breach of its obligations under the charge agreement between the appellant (as chargor) and the respondent (as chargee) when the respondent unilaterally terminated the loan agreements with the borrower, particularly unilaterally terminating the ba