Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Formation and interpretation of contract

Legal area

Court

2 Jul 2024

1. ) IYLIA NURDIYANA BINTI JASNY 2. ) MOHD SYAZWAN BIN ROSLAN ALIFF SYUKRI BIN KAMARZAMAN

Citation

BA-12BNCvC-27-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-27-07/2023 (Mahkamah Tinggi)

The appeal was dismissed because the trial court correctly found the termination notice defective for not complying with the contractual service clause, the written agreement constituted a sale of the business (with licence to use the name) not a joint venture, the plaintiffs themselves breached contractual obligations and failed to prove any loss; therefore their termination and damages claim failed.
3 Aug 2021

MIMOS BERHAD BCM ELECTRONICS CORPORATION SDN BHD

Citation

W-02(NCvC)(W)-920-05/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-920-05/2019 (Mahkamah Rayuan)

The Court held the 13 March 2012 email and surrounding correspondence were forecasts and simulations to assess lead time and exposure, not instructions to manufacture 2,822 units; BCM's decision to procure materials was its own commercial risk absent express written authorisation under the NPIA; the High Court was plainly wrong in finding MIMOS liable for RM1,672,789, so the appeal was allowed and the High Court judgment set aside.