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COURT OF APPEAL KOTA KINABALU
BS ERAMAJU ENGINEERING SDN BHD – Appellant
Versus
OPS SURIA (EM) SDN BHD & ANOR AND ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. overview of appeals against high court decisions. (Para 1 , 2) |
| 2. background facts of the contract and disputes. (Para 4 , 5 , 6 , 10 , 12 , 18) |
| 3. decision on the presence of a binding settlement agreement. (Para 25 , 26 , 34) |
| 4. authority of counsel in binding settlements. (Para 36 , 38 , 62) |
| 5. final judgment and its implications. (Para 40 , 50 , 74) |
[1] Civil Appeal No S-02(W)-834-05-2015 is the appellant/lst defendant's appeal against the decision of the High Court in allowing the 1st respondent/plaintiff's claim for the sum of RM5,035,292.27 arising out of an alleged breach of a settlement agreement between the 1st respondent/plaintiff and the appellant/1st defendant and the 2nd respondent/2nd defendant.
[2] Meanwhile, Civil Appeal No S-02(W)-1075-06-2015 is the 2nd respondent/2nd defendant's appeal against the decision of the High Court that the 2nd respondent/2nd defendant did not have the authority to propose and negotiate a settlement agreement with the 1st respondent/plaintiff on behalf of the appellant/1st defendant.
[3] The parties shall hereinafter be referred as they were in the Court below.
Background Facts
[4] In the year 2008, t
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