JUDGMENT
Introduction
[1] The Plaintiff's claim against the Defendant is for damages suffered as a result of the Defendant's negligence, breach of fiduciary duty in misrepresenting her credit rating leading to a loss of reputation, personal losses as well as business losses.
[2] The claim proceeded to a full trial with the Plaintiff calling 3 witnesses and the Defendant 1 witness. Apart from oral evidence, the parties also relied on the documents filed in the Bundle of Documents as well as statement of agreed facts and issue to be tried.
Brief Facts
[3] The Plaintiff was at the material time the Director and shareholder of Keranji Beach Resort Sdn Bhd ("the Resort") situated in Pulau Perhentian, Terengganu.
[4] The Defendant is a company incorporated under the Credit Reporting Agencies Act 2010 ("2010 Act") tasked with collating credit reports from various sources including the Central Bank and other agencies for purposes of dissemination to subscribers.
[5] The Plaintiff discovered sometime in May 2019 that as a result of a negative report from the Defendant her loan application for a car was rejected. Upon further inquiry the Plaintiff found out that the data collated by the Defendant and kept by the Defendant was inaccurate and false, giving her negative credit rating.
[6] One of the information kept by the Defendant which was inaccurate was related to a sum of money owed by the Plaintiff to a company called WEBE (formerly known as Packet One network SB) which the Plaintiff denied owing.
[7] Apart from inaccurate information the Plaintiff contends that the Defendant had given her a low credit score leading to loss of confidence from financial institutions. The Plaintiff found out that the credit score was based on inaccurate criteria which was not updated.