COURT OF APPEAL (PUTRAJAYA)
ABDUL KARIM, ABU BAKAR JAIS AND LIM CHONG FONG JJCA
CIVIL APPEAL NOS W-02(NCVC)(W)-2194–10 OF 2018 AND W-02(NCvC)(W)-2220–10 OF 2018
4 August 2023
Contract — Damages — Loss of opportunity/chance — Whether High Court erred in refusing bank damages for loss of chance/opportunity — Whether Court wrongly held bank had not proven that it had suffered actual loss and that it had no prospect of success in recovering any monies from wound up borrower — Whether borrower’s insolvency or winding up was irrelevant — Whether evidence showed solicitor’s negligence had caused bank to lose opportunity of recovering its loan from borrower and guarantors — Whether bank was entitled to judgment for sum claimed as it was reasonable measure of damages and was not remote