28 Mar 2019
Yokohama Distribution Services Sdn Bhd & 1 lagi Borneo Technical Co. (M) Sdn Bhd
- Citation
- W-02(NCVC)(W)-132 & 123-01/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- W-02(NCVC)(W)-132 & 123-01/2018 (Mahkamah Rayuan)
The Court of Appeal held that the 1st defendant breached the Distribution Agreement by failing to give written notice of termination as required under clause 15 and by refusing renewal; clause 4-6 expressly allowed the distributor discretion to set prices so the plaintiff's 25% discount did not breach the DA and defeated the 1st defendant's counterclaim; the 3rd defendant breached fiduciary and fidelity duties by actively preparing and staffing the rival distributor while still a director/chairman; the coordinated acts of the defendants constituted unlawful interference and conspiracy to inju…