JUDGMENT

Abdul Rahman Sebli CJSS:

[1] There were two appeals before us. Appeal No 02(f)-14-05/2024(W) was an appeal by the appellant ("Public Bank") against the decision of the Court of Appeal allowing the respondents' appeal on liability whereas Appeal No 02(f)-15-05/2024(W) was an appeal by the respondents against the Court of Appeal's decision awarding them only nominal damages of RM10,000.00 despite having proved liability against Public Bank. They had claimed RM60 million for general damages, RM250 million for aggravated damages and RM250 million for exemplary damages, totalling RM560 million.

[2] In reversing the decision of the High Court on liability, the Court of Appeal found Public Bank to be in breach of an implied term of contract imposing a duty of confidentiality not to disclose the respondents' banking information. As for the reason why the Court of Appeal awarded only nominal damages of RM10,000.00 to the respondents despite having found liability to have been proved against Public Bank, it was because the respondents were found to have failed to prove their loss. The learned judge of the High Court who tried the case at the first instance even suggested a token sum of RM15.00 (Fifteen Ringgit) as nominal damages had she allowed the respondents' claim, which she did not.

[3] Having heard submissions on 26 February 2025, 16 April 2025 and 26 May 2025, we dismissed Public Bank's appeal on liability and adjourned the case to another date to hear arguments on damages. These are the grounds of our decision on liability.

[4] The respondents' claim against the bank arose from a press conference held by one Rafizi bin Ramli ("Rafizi") on 7 March 2012. At the press conference, Rafizi made statements concerning the respondents' confidential banking information and circulated them in the form of Annexures A to E in his media statement.

[5] The confidential banking document that Rafizi disclosed to the media was Annexure E, which referred to the 5th respondent's loan application with Public Bank for a loan facility to purchase 8 units of condominium at KL Eco City. He highlighted and explained the details of Annexure E, which is a management assessment document to enable Public Bank to assess and decide if the 5th respondent and his son were sufficiently eligible to obtain the loan facility from Public Bank.