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2023 MarsdenLR 806

HIGH COURT MALAYA KUALA LUMPUR
YOON GOON HOW – Appellant
Versus
ASTON VILLA SDN BHD – Respondent


Petitioner Advocates:Ronnie Yoon Kok Seng,Amira Afiqah Shaidin ,Respondent Advocate: Kimberly Yap Mei Chyi,Khairun Niza Husnin

Table of Content
1. claim for salary deductions based on alleged oral contract. (Para 1 , 2 , 3 , 4 , 5)
2. allegations of coercion and undue influence by defendant. (Para 6 , 10 , 19)
3. establishment of burden of proof regarding oral contracts. (Para 11 , 12 , 13 , 21 , 22 , 24)
4. timeliness and limitations for raising claims in contract disputes. (Para 34 , 35 , 36 , 77)
5. dismissal of the plaintiff's claims with costs. (Para 79 , 80)
JUDGMENT

[After Full Trial]

Johan Lee Kien How @ Mohd Johan Lee JC:

Introduction

[1] Yoon Goon How ('Plaintiff'), the general manager of Aston Villa Sdn Bhd ('Defendant') had agreed to a 50% pay cut of his salary in view of the financial hardship facing the Defendant. Later, the Plaintiff's position was changed to that of a consultant. This is the Plaintiff's claim ('this Claim') for the alleged arrears of his salary previously deducted by the Defendant which was, according to him, promised under an oral arrangement agreed between the parties in 2012.

Background Facts

[2] The Plaintiff was the Defendant's general manager from October 204 to 31 January 2015. Based on a mutual understanding between the parties, the Plaintiff was later appointed as the consulta

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