TIME TO SHINE LTD (sebuah syarikat yang diperbadankan di Hong Kong) ETERNAL EVENT MANAGEMENT & SOLUTIONS SDN BHD

TIME TO SHINE LTD (sebuah syarikat yang diperbadankan di Hong Kong) ETERNAL EVENT MANAGEMENT & SOLUTIONS SDN BHD

The High Court allowed the appeal because the Respondent failed to prove a force majeure occurrence that prevented performance; factual chronology showed premeditated cancellation and lack of necessary preparations by the Respondent making performance impossible through its own default; contractual cancellation clauses and clause requiring payment where the Artist was ready meant the performance fee was not refundable; Sessions Court's acceptance of force majeure was therefore erroneous and its orders were set aside.

Citation
WA-12BNCC-27-07/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Time To Shine Ltd; Respondent/plaintiff: Eternal Event Management & Solutions Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 March 2023
Case Number
WA-12BNCC-27-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (commercial) / High Court Appellate Judgment From Sessions Court Decision
Outcome
Appeal allowed with costs; Sessions Court orders of 29.6.2022 set aside
Legal Topics
Force Majeure, Breach of Contract, Termination, Forfeiture of Deposit, Evidence and Burden of Proof
Source Language
Malay/English
Contract Law Commercial Law Event Management Law Remedies Force Majeure Breach of Contract Termination Forfeiture of Deposit +1 more

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Parties

Time To Shine Ltd

Appellant/defendant

Eternal Event Management & Solutions Sdn Bhd

Respondent/plaintiff

Procedural Posture

Civil Appeal (commercial) / High Court Appellate Judgment From Sessions Court Decision

Legal Issues

  1. 1 Whether the Respondent could validly invoke the force majeure clause to postpone the Kuala Lumpur concert
  2. 2 Whether the Appellant was entitled to treat the Agreement as terminated for the Respondent's non-performance and failure to prepare
  3. 3 Whether the Respondent was entitled to a refund of the USD100,000 performance fee

Ratio Decidendi

The High Court allowed the appeal because the Respondent failed to prove a force majeure occurrence that prevented performance; factual chronology showed premeditated cancellation and lack of necessary preparations by the Respondent making performance impossible through its own default; contractual cancellation clauses and clause requiring payment where the Artist was ready meant the performance fee was not refundable; Sessions Court's acceptance of force majeure was therefore erroneous and its orders were set aside.

Court Disposition

Appeal allowed with costs; Sessions Court orders of 29.6.2022 set aside

Orders

  • Appeal allowed with costs
  • Set aside the Sessions Court orders dated 29 June 2022