Abdul Wahab Mohamed J:

Introduction

[1] This dispute arises from the Plaintiffs' claim against the Defendant, Carlsberg Marketing Sdn Bhd (hereinafter "Carlsberg") in relation to the Outlet Agreements, particularly regarding Kafe 338, Restoran 3388, and Restoran 677. The Plaintiffs contend that the Defendant has failed to honour its commitment to provide upfront disbursements as stipulated in the Outlet Agreements executed for the supply of Carlsberg products and associated promotional support. Additionally, the 1st Plaintiff claims that he was induced into signing the agreements under fraudulent misrepresentation and deceit.

[2] The Defendant, in response, denies any breach of contract and asserts that the Plaintiffs had themselves failed to fulfil the conditions precedent under the agreements ie they had failed to meet the sales targets specified under the Outlet Agreements.

[3] The Defendant has also filed a counterclaim against the 1st Plaintiff for acts of vandalism committed against its property on two separate occasions. The Defendant claims that these acts amount to trespass to goods, harassment, and intimidation.

[4] After careful consideration of the evidence adduced a