Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Breach of profit-sharing agreement
  • 23 Oct 2023

    E & L ENGINEERING SDN. BHD. EXCELJAYA ENGINEERING SDN. BHD.

    Citation
    WA-B52NCvC-289-07/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-B52NCvC-289-07/2021 (Mahkamah Sesyen)

    On the balance of probabilities the written 12.5.2017 profit‑sharing agreement was valid and binding: it was supported by consideration, was not shown to have been procured by duress or actionable misrepresentation, the defendant's denial and alternative pleas were late and unproven, and documentary and witness evidence established that Jaks paid RM755,078.88 of which 70% (RM528,555.21) is due to plaintiff; accordingly judgment for the plaintiff is affirmed with interest at 5% per annum from 4.9.2019 until full settlement and costs on the standard scale.