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HIGH COURT MALAYA KUALA LUMPUR
TECHNOLITE MALAYSIA SDN BHD – Appellant
Versus
ALFALLAH CLEANTECH (M) SDN BHD – Respondent
| Table of Content |
|---|
| 1. overview of appeal background and key issues. (Para 1 , 2 , 3 , 4) |
| 2. details regarding the case and relevant contractual disputes. (Para 5 , 6 , 7) |
| 3. establishment of judicial principles governing appellate review. (Para 8 , 10 , 11 , 12) |
| 4. evaluates evidence and expert reports in detail. (Para 13 , 14 , 15) |
| 5. reports analysis and relevance to case outcome. (Para 17 , 18 , 19) |
| 6. discussion on terms of contract and implications for fitness. (Para 20 , 21 , 22) |
| 7. installation issues and responsibilities assessed. (Para 23 , 24 , 25) |
| 8. causation and liability discussed. (Para 36 , 37 , 38) |
Introduction
[1] This appeal by the Appellant emanated from the decision of the learned Sessions Court Judge ("LSCJ") dated 11 February 2022 in allowing the Respondent's claim against the Appellant with costs after a full trial.
[2] In this judgment, the parties will be referred to as they were in the Sessions Court. In the Court below, the Appellant herein was the Defendant, whilst the Respondent was the Plaintiff.
[3] On 3 January 2023, I allowed the Defendant's appeal with costs. These are the reasons as to why.
Background
[4] The background facts are agreed fac
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