HIGH COURT MALAYA KUALA LUMPUR
ROXWELL GROUP SDN BHD – Appellant
Versus
IRIS CORPORATION BERHAD & ORS – Respondent
JUDGMENT
Introduction
[1] This was an action brought by the Plaintiff for payment of commission and for damages founded upon allegations of breaches of contract and conspiracy. It was also a case that afforded a glimpse into entrepreneurial business ventures abroad in search of projects and contracts with foreign governments.
Preliminary Issues
[2] This suit was originally commenced against five defendants. Of the five, the 5th Defendant did not enter an appearance to the suit. Before the trial began, the claim against the 5th Defendant was discontinued. This was on the 6th of September 2017, during case management.
[3] After the conclusion of the trial and during closing submissions, learned counsel for the Plaintiff conceded that there was insufficient evidence of conspiracy against the 4th Defendant. As such, the Plaintiff's claim against the 4th Defendant was also withdrawn, leaving at large only the issue of costs.
[4] It was also during closing submissions that the Court was expressly informed by learned counsel for the Plaintiff that despite a wider range of causes of action pleaded, reliance would only be placed on a claim in breach of contract against the
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