JUDGMENT

Vernon Ong Lam Kiat JCA:

Introduction

[1] This appeal stems from the decision of the High Court ordering the defendant to pay to the plaintiff the sum of RM283,500.00 being adjustment for iron (Fe) content, RM54,432,00 being adjustment for moisture content and RM3,227.00 being the defendant's portion of the charges for obtaining the analysis report in respect of iron ore supplied by the defendant.

[2] On 27 January 2015, we heard submission of counsel for the parties. After perusing the written submissions and record of appeal, we allowed the defendant's appeal with costs. The grounds of our decision are as follows. For convenience, the parties shall be referred to as they were in the Court below.

Brief Account Of The Salient Facts

[3] Pursuant to a written agreement for the sale and purchase of iron ore dated 28 february 2012 ("the Contract"), the defendant agreed to sell and the plaintiff agreed to buy 10,000 MT (+/10% at buyer's option) of iron ore 0-50mm FE 54% at the price of RM140.00 per wet metric ton (WMT) Ex-Seller Mining Site.

[4] At the plaintiff's request, the defendant sent the iron ore shipment to the Malacca Port to be loaded onto the vessel MV Christi