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2020 MarsdenLR 2285

HIGH COURT MALAYA JOHOR BAHRU
SEPANG INTERNATIONAL CIRCUIT SDN BHD – Appellant
Versus
M7 RACING SDN BHD – Respondent


Petitioner Advocates:Sathya Kumardas,Koo Yin Soon ,Respondent Advocate: Datuk Kuthubul Zaman,Aniz Zaman

JUDGMENT

Evrol Mariette Peters JC:

The Claims

[1] The Plaintiff is a company that operates, manages and organises the Sepang F1 Circuit including the race team Moto3 that races under the team name "SIC Racing Team". The Plaintiff's claim against the Defendant company was for payment of the balance sum of MYR3,320,000 pursuant to a 2016 Sponsorship Agreement ("the 2016 Sponsorship Agreement") dated 19 September 2017 (exhibited at pp 297-352 of Part B of the Common Bundle of Documents ("CBD")).

[2] The Defendant's counterclaim against the Plaintiff was for the return of the amount of MYR650,000, paid by the Defendant pursuant to two agreements, namely the 2016 Sponsorship Agreement as well as an earlier 2015 Sponsorship Agreement dated 1 January 2015 (exhibited at pp 243-296 of Part B of the CBD), both of which it claimed were void; and alternatively, for damages in the amount of MYR33,176,109, arising from the Plaintiff's alleged breach of both Agreements.

[3] I allowed the Plaintiff's claim and dismissed the Defendant's counterclaim for the following reasons:

The Plaintiff's Case

[4] The Plaintiff's narrative began in 2014, when the Defendant expressed an intention to promote its brand na


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