5 Mar 2024
AIDEAH COMMUNICATION SDN BHD THE NEW STRAITS TIMES PRESS (MALAYSIA) BERHAD
- Citation
- W-02(NCvC)(W)-1274-07/2021 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-1274-07/2021 (Mahkamah Rayuan)
The Court held clause 4.3 of the 2013 Agreement imposed only a duty to use reasonable endeavour to achieve the MGS and not an absolute unconditional warranty; the High Court failed to appreciate clause 4.3 and thus erred in finding appellant liable for shortfall and allowing the respondent's set-off and damages; respondent was estopped from denying approval/acquiescence to the reduced advertising rates; appeal allowed and judgment entered for appellant for RM1,178,369.97 plus 5% p.a. interest and costs RM80,000 subject to allocator.