M99 TRAVEL SDN. BHD. (No. Syarikat : 201601034196(1205137-X)) CRYSTAL LEISURE HOLIDAYS SDN. BHD. (No. Syarikat : 200801030711(832042-K))

M99 TRAVEL SDN. BHD. (No. Syarikat : 201601034196(1205137-X)) CRYSTAL LEISURE HOLIDAYS SDN. BHD. (No. Syarikat : 200801030711(832042-K))

A valid and binding contract existed between the parties formed via WhatsApp and supported by invoice and payment; the appellant did not prove frustration because the obstacles were foreseeable or avoidable and no exhaustive efforts were made to avert the failure; the appellant failed to show any material error by the Magistrate; appeal dismissed and Magistrate's decision affirmed.

Citation
JB-11BNCVC-4-05/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: M99 TRAVEL SDN. BHD.; Respondent/plaintiff: CRYSTAL LEISURE HOLIDAYS SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 January 2022
Case Number
JB-11BNCVC-4-05/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Decision
Outcome
Appeal dismissed; decision of Magistrate affirmed
Legal Topics
Breach of Contract, Doctrine of Frustration, Damages, Formation of Contract, Contract Interpretation
Source Language
Malay/English
Contract Civil Procedure Breach of Contract Doctrine of Frustration Damages Formation of Contract Contract Interpretation

Case Brief

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Parties

M99 TRAVEL SDN. BHD.

Appellant/defendant

CRYSTAL LEISURE HOLIDAYS SDN. BHD.

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal Decision

Legal Issues

  1. 1 Whether parties were bound by a contract and liable for losses from breach
  2. 2 Whether appellant's explanation (delay, driver unfamiliarity, lack of GPS) absolves contractual liability
  3. 3 Whether appellant demonstrated error by the Magistrate sufficient to overturn the decision

Ratio Decidendi

A valid and binding contract existed between the parties formed via WhatsApp and supported by invoice and payment; the appellant did not prove frustration because the obstacles were foreseeable or avoidable and no exhaustive efforts were made to avert the failure; the appellant failed to show any material error by the Magistrate; appeal dismissed and Magistrate's decision affirmed.

Court Disposition

Appeal dismissed; decision of Magistrate affirmed

Orders

  • Appeal dismissed
  • Magistrate's decision affirmed