7 Nov 2019
EXERTAINMENT MALAYSIA SDN. BHD. ( NO. SYARIKAT : 640513-D ) ARIFF ISKANDAR SHAH BIN MOHAMAD AMINUDIN ( NO. K/P : 801216-02-5347 )
- Citation
- WA-12BNCVC-41-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCVC-41-04/2019 (Mahkamah Tinggi)
The exclusion clauses in the membership agreement did not clearly and specifically exclude liability for the defendant’s own negligence; the defendant failed to prove it had exercised due diligence to prevent the theft; the clause was unconscionable and void/unenforceable under section 29 Contracts Act 1950; therefore the Sessions Court’s finding for the plaintiff is upheld and the appeal dismissed.