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2024 MarsdenLR 4123

HIGH COURT MALAYA KUALA LUMPUR
ROOM 6 MUSIC SDN BHD – Appellant
Versus
CHUA ZHUA YI – Respondent


Petitioner Advocates:Stephanie Wong,YF Liew,Yap Pei Pei (Pupil in Chamber) ,Respondent Advocate: Tan Jee Tjun,Rachel Ng Li Hui,Eunice Wong Kai Xin (Pupil in Chamber)

JUDGMENT

Leong Wai Hong JC

Introduction

[1] This judgment deals with a breach of contract trial. I have on 15 March 2024 dismissed the plaintiff's suit for wrongful termination of contract and allowed the defendant's counterclaim in prayer 28[a] for a declaration that the termination of contract was valid.

[2] The defendant's position is that she has lawfully terminated an Artiste Agreement dated 1 September 2016 ('Artiste Agreement') pursuant to cl 11.2 as the plaintiff has failed to comply with the Minimum Recording Commitment stipulated in cl 1. [See Bundle B pp 1- 29]. I had agreed with the defendant.

[3] I would have thought this is a "tolerably plain case" but the plaintiff is determined to take this dispute further and has filed an appeal to the Court of Appeal on 25 March 2024.

[4] It may be that the plaintiff is determined to extract his "pound of flesh" in the style of Shylock, from William Shakespeare's play The Merchant of Venice, where Portia said to Shylock, on the insistence of Shylock for the payment of Antonio's flesh, "The words expressly are 'a pound of flesh' / Take then thy bond, take thou thy pound of flesh"¦" [Act IV, Scene-1]

[5] These are my Grounds of Judgment.


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