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HIGH COURT MALAYA KUALA LUMPUR
KS LEE ENERGY LLP – Appellant
Versus
TOYO INK GROUP BERHAD – Respondent
| Table of Content |
|---|
| 1. application for preliminary issues by toyo. (Para 1 , 2 , 3) |
| 2. ks lee's opposition based on disputed facts. (Para 4 , 5 , 6) |
| 3. understanding of order 14a and order 33. (Para 8 , 10 , 12) |
| 4. undisputed facts regarding the project. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. ks lee's claims against toyo. (Para 36 , 37) |
| 6. entitlement to fees based on contract terms. (Para 74 , 79 , 84 , 89) |
| 7. res judicata as a defense. (Para 94 , 95 , 96) |
| 8. court's final decision and order. (Para 126) |
Introduction
[1] The defendant, Toyo Ink Group Berhad ["Toyo"], has filed a Notice of Application dated 15 June 2023 in encl 8 under O 14A and O 33 rr 2 and 5 of the Rules of Court 2012 for Disposal of Case on Point of Law or Preliminary Issues as set out in 3 Proposed Questions. ("Proposed Questions")
[2] The 3 Proposed Questions framed by Toyo are as follows:
(a) Having regard to the plaintiff's pleaded case in the Statement of Claim, whether the plaintiff has made out a case for its claim for project success fee pursuant to the terms of cl 4.2 of the Project Success Fee Agreement dated 28 January 2018 ("Proposed Question (a)");
(b) If the answer to Issue (a) is in the negative,
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