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2020 MarsdenLR 1903

HIGH COURT MALAYA KUALA LUMPUR
AL SHARHAN SDN BHD & ANOR – Appellant
Versus
EDIPRO CONSTRUCTION & ENGINEERING – Respondent


Petitioner Advocates:Noor Azlina,Mohd Noor Eswandy,Nor Shaheeda ,Respondent Advocate: Zalina Hashim,Muhammad Azharuddin

JUDGMENT

Liza Chan Sow Keng JC:

[1] This appeal by the Appellants emanates from the decision of the learned Sessions Court Judge dated 3 October 2019 in allowing the Respondent's claim for a declaration that the agreement dated 20 August 2015 between the Respondent and the 1st Appellant is null and void, a sum of RM787, 661.90 to be paid by the Appellants to the Respondent, interest and costs of RM5,000; the counterclaim of the Appellants was also dismissed with costs of RM3,000.

[2] In this appeal, the Appellants and the Respondent will be referred to as the Defendants and Plaintiff respectively.

The Claim And The Defence And Counterclaim

[3] The Plaintiff claimed that:

(a) it entered into a sales and purchase agreement dated 20 August 2015 (the agreement) with the Defendants for sale and purchase together with the management and use of the water filtration system including the purchase of technology as a whole including a pilot plant at sum of RM650,000.00 (jual beli penapisan air berserta pengurusan dan juga penggunaan system penapisan air termasuk pembelian teknologi kepada Plaintif secara keseluruhannya termasuk logi perintis) for which RM500,000 of the said sum is the costs of tech


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