JUDGMENT

Mohd Arief Emran Arifin JC:

A. Introduction

[1] The Plaintiff, Customcraft (M) Sdn Bhd, alleges that it had entered into a negotiation with Dato' Yong Siak Choong and MBIO Technologies Sdn Bhd for a project relating to a Palm Based Bio- Energy Booster sometime in March / April 2018.

[2] The individuals that were allegedly involved in the negotiations were one Chia Soon Hee, Dato Yeong Yin Kui (a director of the Plaintiff), and the 1st Defendant, Dato' Yong Siak Choong.

[3] It is sufficient for the purposes of the proceedings that parties have agreed that the said negotiations did fail and that the Memorandum of Understanding has no legal effect.

[4] The only issue that is left to be decided by this Court is the sums of RM150,000.00 that were allegedly paid to Dato Yong Siak Choong and whether the said sums should be repaid to the Plaintiff.

[5] The main issue is whether the said sum of RM150,000.00 was an advance payment to the 1st Defendant, Dato Yong Siak Choong, or it was a payment for the alleged formulae that was sold by the 1st Defendant to MBIO Technologies Sdn Bhd and paid by the Plaintiff indirectly through the investment in the latter.

B. Basic Facts

[6] I find that the f