24 Aug 2023
Online Dynamics (M) Sdn Bhd TM Net Sdn Bhd
- Citation
- WA-22NCvC-163-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-163-03/2021 (Mahkamah Tinggi)
The court construed 'previous agreement' in the second supplementary agreement as referring to the 2014 second principal agreement (commercially sensible interpretation); clause 4 of the second supplementary agreement validly incorporated clause 19.3(ii) permitting early termination after the first anniversary by 60 days' notice; the defendant validly exercised that contractual right and paid pro rata sums which the plaintiff accepted; the plaintiff failed to discharge the burden to prove breach and the quantum/causation of alleged losses; therefore the claim was dismissed with costs.