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2024 MarsdenLR 1170

HIGH COURT MALAYA SHAH ALAM
EU HOLIDAYS PTE LTD – Appellant
Versus
FLEXIROAM SDN BHD – Respondent


Petitioner Advocates:Suzana Arockiaraj ,Respondent Advocate: Siti Zubaidah Jemadi

JUDGMENT

Noor Hayati Mat JC:

Introduction

[1] This is an appeal by the Appellant/Plaintiff against the decision of the learned Session Court Judge (SCJ), who had dismissed the Appellant's claim for a refund of the unutilized sum of SGD104,812.75 and for a declaration that the contracts entered into between them were null and void. The Appellant was also ordered to pay a cost of RM20,000.00.

[2] After hearing both parties, perusing the appeal record and reading the submissions filed, I found that the SCJ's reasons for dismissing theAppellant's claim were reasonable and adequately explained by the SCJ.

[3] The appeal was dismissed, and the SCJ's decision was affirmed. The Appellant has now appealed to the Court of Appeal, and I have set out my reasons below.

The Facts

[4] The Appellant is a company incorporated in Singapore that operates as a travel agency. The Respondent is a Malaysian company with the brand name "FLEXIROAM" and a mobile roaming service provider.

[5] The FLEXIROAM service is an international roaming service that allows end-users to stay connected to their home country while travelling abroad by purchasing credit reloads from distributors of the Respondent's FLEXIROAM se


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