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2023 MarsdenLR 744

HIGH COURT MALAYA IPOH
SIMFONI MAYA SDN BHD – Appellant
Versus
KPERAK IMPLEMENTATION AND COORDINATION CORPORATION – Respondent


Petitioner Advocates:Joseph Yeo,Apparao Apana,Arifah Abdul Aziz ,Respondent Advocate: Vijaya Segaran,Wan Koon Sen,P Justine Devakumar Darmain Segaran,Chelsea Yiap Yee San

Table of Content
1. plaintiff's claim for rm14.5 million damages. (Para 1 , 4 , 5 , 12)
2. trial conducted via remote technology. (Para 2 , 3 , 7)
3. defendant's liability based on non-dispute of invoices. (Para 9 , 13 , 66)
4. plaintiff fulfilled obligations as per contract. (Para 14 , 15 , 20)
5. final judgment awarding rm14.5 million to plaintiff. (Para 140)
JUDGMENT

Su Tiang Joo JC:

Introduction

[1] The Plaintiff's claim is principally for breach of contract in failing to effect payments due. After a trial, on 7 November 2022, this Court allowed the Plaintiff's sole remaining claim for special damages of RM14.5 million with interest thereon at 5% p a from 1 January 2015 until full realisation and costs of RM40,000.00. Dissatisfied, the Defendant appealed, and these are the grounds for the judgment handed down.

Trial Via Remote Communication Technology

[2] By reason of the COVID-19 pandemic, the nine-day trial was conducted through a remote communication technology, namely the Zoom platform. Although s 15A (1) of the Courts of Judicature Act 1964 which came into force on 22 October 2020 provides the Court with the power to conduct the proceedings of any cause or matter, civil or criminal,

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