BESTINET SDN BHD GHL EPAYMENTS SDN BHD

BESTINET SDN BHD GHL EPAYMENTS SDN BHD

Appeal dismissed: the implied-term argument was not properly raised and argued below and the Court would not exercise its discretion to admit the new point of law on appeal; alternatively, even if the implied term were imputed, the trial judge's factual finding that Bestinet failed to provide required documents to Bank Negara (accepted on credibility grounds) was not plainly wrong and therefore Bestinet had not proved breach by GHL.

Citation
W-02(NCvC)(W)-1204-07/2022 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Bestinet Sdn Bhd; Respondent/defendant: GHL ePayments Sdn Bhd
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
22 September 2023
Case Number
W-02(NCvC)(W)-1204-07/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (contract/misrepresentation) / Court of Appeal Judgment (appeal)
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Misrepresentation, Breach of Contract, Regulatory Approvals, Pleading and Points of Law on Appeal, Standard of Appellate Review of Factual Findings
Source Language
Malay/English
Contract Tort (misrepresentation) Administrative/regulatory Law Civil Procedure Implied Terms Misrepresentation Breach of Contract Regulatory Approvals +2 more

Case Brief

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Parties

Bestinet Sdn Bhd

Appellant/plaintiff

GHL ePayments Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal (contract/misrepresentation) / Court of Appeal Judgment (appeal)

Legal Issues

  1. 1 Whether an implied term existed obliging respondent to obtain Bank Negara approval for increased wallet limit
  2. 2 Whether implied terms must be specifically pleaded
  3. 3 Whether a new point of law (implied term) may be raised for the first time on appeal

Ratio Decidendi

Appeal dismissed: the implied-term argument was not properly raised and argued below and the Court would not exercise its discretion to admit the new point of law on appeal; alternatively, even if the implied term were imputed, the trial judge's factual finding that Bestinet failed to provide required documents to Bank Negara (accepted on credibility grounds) was not plainly wrong and therefore Bestinet had not proved breach by GHL.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of RM30000 awarded to respondent GHL ePayments Sdn Bhd