ASIA VICTOR (M) SDN BHD 1. ) RHYTHM AGENCIES SDN BHD 2. ) Kashminder Singh A/l Josbir Singh ( Pertama Dalam Tuntutan Balas) 3. ) PETROBANQ HOLDING SDN BHD ( KETIGA DALAM TUNTUTAN BALAS)

ASIA VICTOR (M) SDN BHD 1. ) RHYTHM AGENCIES SDN BHD 2. ) Kashminder Singh A/l Josbir Singh ( Pertama Dalam Tuntutan Balas) 3. ) PETROBANQ HOLDING SDN BHD ( KETIGA DALAM TUNTUTAN BALAS)

The invoice AVI/201222/023 constituted a binding sale contract; buyer validly terminated the contract after contemporaneous evidence showed certification issues which were not remedied as promised; Petrobanq and Asia Victor (and Kashminder to the extent of commission taken) had agreed to repay the deposit so defendants are responsible; Asia Victor's claim is dismissed for lack of viable cause and inconsistent contemporaneous documents; Rhythm Agencies' counterclaim is allowed in part ordering repayment, penalty and interest against Petrobanq and liability against Asia Victor/Kashminder limited to amounts received.

Citation
BA-22NCC-41-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff (main); Defendant (counterclaim): Asia Victor (M) Sdn Bhd; Defendant (main); Plaintiff (counterclaim): Rhythm Agencies Sdn Bhd; Defendant (counterclaim): Kashminder Singh a/l Josbir Singh; Defendant (counterclaim): Petrobanq Holdings Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 May 2025
Case Number
BA-22NCC-41-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Contract/commercial Dispute / Judgment on Appeals Arising From Trial (final Judgment)
Outcome
Asia Victor's originating claim dismissed; Rhythm Agencies' counterclaim allowed in part against Petrobanq and against Asia Victor/Kashminder to extent of commissions received; punitive damages refused; costs awarded.
Legal Topics
Termination of Contract, Deposit Refund, Mutual Rescission, Rescission and Restitution, Res Judicata, Estoppel, Joint and Several Liability, Punitive Damages, Court Fees
Source Language
Malay/English
Contract Law Agency Law Commercial Law Civil Procedure Evidence Fraud Termination of Contract Deposit Refund +7 more

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Parties

Asia Victor (M) Sdn Bhd

Plaintiff (main); Defendant (counterclaim)

Rhythm Agencies Sdn Bhd

Defendant (main); Plaintiff (counterclaim)

Kashminder Singh a/l Josbir Singh

Defendant (counterclaim)

Petrobanq Holdings Sdn Bhd

Defendant (counterclaim)

Procedural Posture

Civil Contract/commercial Dispute / Judgment on Appeals Arising From Trial (final Judgment)

Legal Issues

  1. 1 Whether a binding contract existed between the parties
  2. 2 Whether the supply contract for nitrile gloves was validly terminated and whether Petrobanq was bound
  3. 3 Whether Rhythm Agencies had a cause of action against Asia Victor, Kashminder and Petrobanq

Ratio Decidendi

The invoice AVI/201222/023 constituted a binding sale contract; buyer validly terminated the contract after contemporaneous evidence showed certification issues which were not remedied as promised; Petrobanq and Asia Victor (and Kashminder to the extent of commission taken) had agreed to repay the deposit so defendants are responsible; Asia Victor's claim is dismissed for lack of viable cause and inconsistent contemporaneous documents; Rhythm Agencies' counterclaim is allowed in part ordering repayment, penalty and interest against Petrobanq and liability against Asia Victor/Kashminder limited to amounts received.

Court Disposition

Asia Victor's originating claim dismissed; Rhythm Agencies' counterclaim allowed in part against Petrobanq and against Asia Victor/Kashminder to extent of commissions received; punitive damages refused; costs awarded.

Orders

  • Originating claim by Asia Victor (M) Sdn Bhd dismissed
  • Asia Victor and Kashminder liable to Rhythm Agencies only to the extent of commissions received (amount to be assessed against records)