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2016 MarsdenLR 1303

HIGH COURT MALAYA KUALA LUMPUR
MOHAMAD FAUZI CHE RUS – Appellant
Versus
JR JOINT RESOURCES HOLDINGS SDN BHD – Respondent


Table of Content
1. summary of case background and profit-sharing agreements. (Para 1 , 2 , 4 , 5 , 10 , 11 , 12)
2. issues framed regarding agreement termination and admissibility of evidence. (Para 14)
3. court's decision on profit-sharing and evidential requirements for admissibility. (Para 15 , 36)
JUDGMENT

Azizul Azmi Adnan JC:

Introduction

[1] The plaintiff, who was once an employee of the defendant company, sued the latter for money that he alleged were due to him arising under an agreement that pre-dated the plaintiff's employment with the defendant. After trial, I allowed the plaintiff's claim in part, against which decision the defendant has now appealed.

[2] The crux of this case turns on the admissibility of computer-generated evidence and the seminal decision of the Court of Appeal in Mohd Khayry Ismail v. PP , [2014] 4 MLJ 317 .

Background And Material Facts

[3] The background facts in so far as they were material to the determination of this case were as follows.

[4] The plaintiff was a Human Resources Consultant who provided consulting services in connection with the recruitment of foreign workers. The defendant was a company that was authorised by Kementerian Hal Ehwal Dalam

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