1. ) PHUA SOO MENG 2. ) PHUA CHIANG LIANG 3. ) CHOP KIM HONG 4. ) CHOP KIM HONG TRADING SDN BHD GOH SEOW FONG

1. ) PHUA SOO MENG 2. ) PHUA CHIANG LIANG 3. ) CHOP KIM HONG 4. ) CHOP KIM HONG TRADING SDN BHD GOH SEOW FONG

The High Court held the Sessions Court was right: plaintiff's absence did not vitiate the claim because an authorised representative gave direct evidence; the parties' conduct constituted an implicit variation or an application of the original agreement to related companies including Defendant Three; the...

Source-derived case information.

Citation
JA-12BNCvC-39-11/2022 (Mahkamah Tinggi)
Parties
Appellant: Phua Soo Meng; Appellant: Phua Chiang Liang; Appellant: Chop Kim Hong; Appellant: Chop Kim Hong Trading Sdn Bhd; Respondent: Goh Seow Fong (Bizxe Enterprise)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 March 2024
Case Number
JA-12BNCvC-39-11/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Heard on Appeal at High Court
Outcome
Appeal dismissed; decision of the Sessions Court dated 16.11.2022 affirmed
Legal Topics
Variation of Contract by Conduct, Related Companies/agency, Partner Liability for Firm Debts, Admissibility of System Generated Documents, Scope of Pleadings on Appeal
Contract Partnership Evidence Civil Procedure Variation of Contract by Conduct Related Companies/agency Partner Liability for Firm Debts Admissibility of System Generated Documents +1 more

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Summary, issues, holding and outcome

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Parties

Phua Soo Meng

Appellant

Phua Chiang Liang

Appellant

Chop Kim Hong

Appellant

Chop Kim Hong Trading Sdn Bhd

Appellant

Goh Seow Fong (Bizxe Enterprise)

Respondent

Procedural Posture

Civil Appeal From Sessions Court / Heard on Appeal at High Court

  1. 1 Whether plaintiff was required to personally give evidence at trial
  2. 2 Whether the 1.5.2018 consulting agreement extended to Defendant Three
  3. 3 Whether failure to give written notice of change (clause 13.1) defeats the plaintiff's claim

Ratio Decidendi

The High Court held the Sessions Court was right: plaintiff's absence did not vitiate the claim because an authorised representative gave direct evidence; the parties' conduct constituted an implicit variation or an application of the original agreement to related companies including Defendant Three; the system-generated 2019 sales report was admissible in Bundle B and its contents were not rebutted; and Defendants One and Two are jointly liable as partners under s.11, and therefore the appeal was dismissed with costs.

Court Disposition

Appeal dismissed; decision of the Sessions Court dated 16.11.2022 affirmed

Orders

  • Appeal dismissed with costs
  • Decision of the Sessions Court dated 16.11.2022 upheld