11 Apr 2022
TELEKOM MALAYSIA BERHAD PC GATEWAY SDN BHD
- Citation
- BA-12BNCvC-11-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCvC-11-04/2021 (Mahkamah Tinggi)
The High Court dismissed the appeal and upheld the Sessions Court: on the evidence and balance of probabilities the reseller had performed its contractual obligations, the termination and penalty were wrongly applied because the primary responsibility and exclusive system access to verify and change installation status rested with the telecom (First Defendant) and the alleged fraud was attributable to the agent/third parties; the trial judge’s factual findings were not plainly wrong and did not warrant appellate interference.