27 Jan 2023
KOP Mantap Berhad Nor Izmin bin Hasbullah
- Citation
- WA-12BNCvC-87-06/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-87-06/2022 (Mahkamah Tinggi)
The High Court upheld the Sessions Court: the contemporaneous documents (including the letter of 12/10/2001 and offer/confirmation letters) unambiguously showed the plaintiff's service was subject to KPD's scheme, the defendant's conduct and negotiations supported an admission of that position, and under the Evidence Act the defendant was estopped from denying the application of the scheme; accordingly the plaintiff was entitled to retirement benefits and the appeal was dismissed.