14 Sept 2023
N.S. SENG SDN BHD SYARIKAT GEMILANG
- Citation
- BA-22NCvC-491-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-491-11/2020 (Mahkamah Tinggi)
The court found the defendants failed to prove inequality of bargaining power or that the Supply Agreement was void; D1 wrongfully revoked the Supply Agreement in breach of its terms (which only permit termination after NSS fails to supply for 30 continuous days). However the plaintiff failed to prove the fact and quantum of its claimed loss of profits because key documentary evidence (GMM/APM figures, contractual rebate/transport agreements, plaintiff's accounts) and reliable evidentiary foundations for projections (5% annual growth) were not produced; accordingly the court awarded nominal d…