Ramly Ali J:

[1] The plaintiff, Kian Lup Construction, a business entity registered under the Business Registration Act 1956, filed the present suit against the defendant, Hongkong Bank Malaysia Berhad, for libel and slander and claiming damages not less than RM3,000,000 and/or for an amount to be assessed by the court and/or in the alternative, general as well as punitive damages for breach of fiduciary duty. The plaintiff had prior to the present suit, filed a writ summons vide Civil Suit No: 22-14-1996 which was struck out on preliminary issue and thereon filed a fresh suit ie, the present suit which is before the court now.

Facts Of The Case

[2] The plaintiff, Kian Lup Construction is a business entity duly registered under the Business Registration Act 1956 and was set up in Gua Musang, Kelantan from 1995 to 1999. One Chong Won Chee (PW1) claimed to be the sole proprietor of the plaintiff. PW1 was born in Kelantan and started his construction business in Kelantan under the name of the plaintiff. PW1 has also four other companies registered in Kelantan which do not deal with construction business. PW1 come to Raub sometimes in 1995 to do construction work on Hotel Sri Raub