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HIGH COURT MALAYA KUALA LUMPUR
SK INTERNATIONAL (M) SDN BHD – Appellant
Versus
TALSU POLYMER TECHNOLOGY SDN BHD – Respondent
| Table of Content |
|---|
| 1. court dismisses appeal and affirms lower court's decision. (Para 1 , 2) |
| 2. facts of the case outline obligations and failures of the defendant. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. mou was legally binding despite defendant's claims. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 4. plaintiff did not abandon the manufacturing license application. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. defendant's frustration claim due to covid-19 is legally unsustainable. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 6. defendant's failure to secure licenses not caused by plaintiff's actions. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 7. counterclaim lacks merit due to insufficient evidence. (Para 48 , 49 , 50) |
Introduction
[1] In this judgment, the parties are referred as they were before the trial court. This appeal arose from the decision of the Sessions court which allowed the plaintiff's claim against the defendant for the refund of RM320,000.00. The Sessions court had also dismissed the defendant's counterclaim for RM250,000.00.
[2] After careful consideration of the submissions of both parties and the records of appeal, we
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