PDRM FC SDN. BHD. BLACKBIXON SDN. BHD.

PDRM FC SDN. BHD. BLACKBIXON SDN. BHD.

The High Court found the Sessions Court was plainly wrong: the Sponsorship Agreement and MSN receipt were admitted as Part A documentary evidence establishing the agreement and payment facts; the defendant failed to prove force majeure or breach by the plaintiff sufficient to justify termination or the counterclaim; accordingly the Sessions Court decision was set aside and the appellant’s appeal allowed with costs.

Citation
BA-12B-72-07/2024 (Mahkamah Tinggi)
Parties
Perayu: PDRM FC Sdn Bhd; Responden: Blackbixon Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 October 2024
Case Number
BA-12B-72-07/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (high Court) / Appellate Judgment
Outcome
Decision of the Sessions Court set aside; appellant’s notice of appeal allowed; costs awarded
Legal Topics
Sponsorship Agreement, Breach of Contract, Force Majeure (covid 19), Documentary Evidence (part A), Damages, Appellate Review Standard, Costs
Source Language
Malay/English
Contract Commercial Law Evidence Civil Procedure Sponsorship Agreement Breach of Contract Force Majeure (covid 19) Documentary Evidence (part A) +3 more

Case Brief

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Parties

PDRM FC Sdn Bhd

Perayu

Blackbixon Sdn Bhd

Responden

Procedural Posture

Civil Appeal (high Court) / Appellate Judgment

Legal Issues

  1. 1 Whether the Sessions Court judge was plainly wrong in dismissing the plaintiff and allowing the defendant’s counterclaim
  2. 2 Existence, authenticity and effect of the Sponsorship Agreement and contemporaneous documents (Part A)
  3. 3 Whether defendant validly terminated the agreement under the force majeure clause

Ratio Decidendi

The High Court found the Sessions Court was plainly wrong: the Sponsorship Agreement and MSN receipt were admitted as Part A documentary evidence establishing the agreement and payment facts; the defendant failed to prove force majeure or breach by the plaintiff sufficient to justify termination or the counterclaim; accordingly the Sessions Court decision was set aside and the appellant’s appeal allowed with costs.

Court Disposition

Decision of the Sessions Court set aside; appellant’s notice of appeal allowed; costs awarded

Orders

  • Decision of the Sessions Court is set aside
  • Appeal allowed