FAIRVIEW SCHOOLS BERHAD (NO. SYARIKAT : 43809-K) DR. RICHARD HARI CHANDRA PANY (NO. K/P : 660320-13-5443)

FAIRVIEW SCHOOLS BERHAD (NO. SYARIKAT : 43809-K) DR. RICHARD HARI CHANDRA PANY (NO. K/P : 660320-13-5443)

The Letter of Appointment dated 22.4.2015 was valid and binding; the defendant unilaterally resigned and the resignation was accepted by the plaintiff, constituting repudiation of the fixed-term contract; clause 15 is enforceable subject to s.75 Contracts Act 1950 and the court assessed reasonable compensation on a pro rata basis, awarding RM180,000 (reduced from contractual 3-year sum) plus 50% of the placement fee RM25,440, rejecting the claim for RM33,500 to Octoze and awarding costs and interest.

Citation
WA-22NCVC-144-03/2017 (Mahkamah Tinggi)
Parties
Appellant/defendant: Dr. Richard Hari Chandra Pany; Respondent/plaintiff: Fairview Schools Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 March 2020
Case Number
WA-22NCVC-144-03/2017 (Mahkamah Tinggi)
Procedural Posture
Civil / High Court Judgment (trial) Appealed; Reasons on Breach and Quantum
Outcome
Judgment for plaintiff in part; defendant liable for breach of fixed-term contract and ordered to pay specified sums; claim for certain vendor payment dismissed
Legal Topics
Fixed Term Contract, Liquidated Damages, Breach of Contract, Fiduciary Duty, Wrongful Dismissal, Placement Fee, Penalty Clause and Section 75 Contracts Act
Source Language
Malay/English
Contract Law Employment Law Remedies Evidence Fixed Term Contract Liquidated Damages Breach of Contract Fiduciary Duty +3 more

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Parties

Dr. Richard Hari Chandra Pany

Appellant/defendant

Fairview Schools Berhad

Respondent/plaintiff

Procedural Posture

Civil / High Court Judgment (trial) Appealed; Reasons on Breach and Quantum

Legal Issues

  1. 1 Whether parties were bound by the Letter of Appointment dated 22.4.2015
  2. 2 Whether the Letter of Appointment was amended by subsequent communications
  3. 3 Whether the defendant repudiated the fixed-term contract by resigning

Ratio Decidendi

The Letter of Appointment dated 22.4.2015 was valid and binding; the defendant unilaterally resigned and the resignation was accepted by the plaintiff, constituting repudiation of the fixed-term contract; clause 15 is enforceable subject to s.75 Contracts Act 1950 and the court assessed reasonable compensation on a pro rata basis, awarding RM180,000 (reduced from contractual 3-year sum) plus 50% of the placement fee RM25,440, rejecting the claim for RM33,500 to Octoze and awarding costs and interest.

Court Disposition

Judgment for plaintiff in part; defendant liable for breach of fixed-term contract and ordered to pay specified sums; claim for certain vendor payment dismissed

Orders

  • Defendant to pay plaintiff RM180,000.00 as liquidated ascertained damages under Clause 15 of the Letter of Appointment
  • Defendant to pay plaintiff RM25,440.00 (50% of placement fee RM50,880.00)