7 Dec 2023
PERAK INTEGRATED NETWORK SERVICES SDN BHD 1. ) URBAN DOMAIN SDN. BHD. 2. ) PINS OSC & MAINTENANCE SERVICES SDN BHD
- Citation
- W-02(IM)(NCC)-326-03/2023 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCC)-326-03/2023 (Mahkamah Rayuan)
The Court held that the Liability Judgment and Clause 8.1.1 of the Management Agreement govern the period for the Account and Inquiry (from 21.5.2007 until the licence period expiry as per the last Work Order). The High Court erred in allowing post‑trial events (winding‑up) to curtail that period because the winding‑up could and should have been raised on appeal; PINS cannot shelter behind the winding‑up when its breach materially contributed to it. Only Priority Payments to MCMC are deductible from the Maintenance Fee. Consequently, the Registrar's Order is reinstated and the Quantum Order c…