JUDGMENT

GUNALAN A/L MUNIANDY, JC:

(1) The plaintiff (P)s cause of action, which arises from a contractual relationship with the defendant (D) involving share trading, is premised on fraud as particularised in the statement of claim. The alleged fraud by D revolved around the manner in which Ps share trading accounts were operated by D. The claim was broken down into various heads, each particularised in the form of individual trading names for shares of companies listed on the Kuala Lumpur Stock Exchange (KLSE). The various heads refer to the trading counters as set out in the statement of claim (SOC).

Summary of Facts (Agreed)

(2) (1) The plaintiff was a client of the defendant. The defendant is a stock broking company, whose main trading activity is the buying and selling of shares on the Kuala Lumpur Stock Exchange.

(2) The plaintiff had two trading accounts with the defendant, namely 2AM033 and 3SE035.

(3) Account No. 2AM033 was a margin-trading account. This margin trading facility was offered under account 2AM033 which was set up by Arab-Malaysian Merchant Bank Berhad ("AMBB").

(4) There were transactions under the following counters of companies of the KLSE:

(a) Ma