The evidence of the 1st Plaintiff and SP2 regarding the effect of cl 15.3 had not been challenged by the Board's learned counsel during their cross-examination. On this point, the Plaintiffs rely on the judgment of Tengku Baharuddin JCA in the Court of Appeal in Paramill Sdn Bhd & Anor v. Datuk Joseph Pairin Kitingan, [2007] 7 MLJ 289;

(2) the Book stated in Jawi (translated into Malay by the 1st Plaintiff) that DBP and Darul Fikir were co-publishers of the Book;

(3) all the three witnesses in this case (the 1st Plaintiff, SP2 and SD1) had testified that the publication of the Book was done solely by Darul Fikir. The Plaintiffs rely on the parties' conduct to construe the Contract. The Federal Court's judgment delivered by PS Gill FCJ in Kedah Cement Sdn Bhd v. Masjaya Trading Sdn Bhd , 2006 MarsdenLR 761 has been cited by the Plaintiffs; and

(4) the Board did not deny the demand dated 21 September 2017 by the Plaintiffs' solicitors (which alleged that the Board had breached the Contract) [Plaintiffs' Demand].

[25] Firstly