8 Apr 2025
THE NEW STRAITS TIMES PRESS (MALAYSIA) BERHAD AIDEAH COMMUNICATION SDN BHD
- Citation
- 02(f)-30-08/2024(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-30-08/2024(W) (Mahkamah Persekutuan)
Clauses 4.1 and 4.2 of the 2013 Agreement did not create an absolute or unconditional Minimum Guaranteed Sum; they established payment percentages and targets qualified by Clause 4.3's requirement that the plaintiff use reasonable endeavour, therefore the defendant was not entitled to automatic set-off absent proof the plaintiff failed to use reasonable endeavour; burden to prove failure lay on the defendant; Court of Appeal's decision in favour of the plaintiff is affirmed.