14 Aug 2020
1. Al Sharhan Sdn Bhd 2. Ismail bin Ali Edipro Construction & Engineering Sdn Bhd
- Citation
- WA-12BNCC-23-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCC-23-10/2019 (Mahkamah Tinggi)
The appellate court concluded on the totality of evidence that the written agreement, read as a whole, was ambiguous and more consistent with an obligation to supply and install the pilot plant than an outright transfer or sale of the formula; the Plaintiff failed to prove that disclosure of the formula to SPAN was a contractual condition or that SPAN approval was sought or withheld as a result of the Defendants' conduct; the Sessions Court had insufficiently appreciated evidence and erred in awarding RM137,561.90 and granting the declaration; ambiguities are to be resolved against the drafti…