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2016 MarsdenLR 168

COURT OF APPEAL PUTRAJAYA
PACIFIC INTER-LINK SDN BHD – Appellant
Versus
EPA MANAGEMENT SDN BHD – Respondent


Petitioner Advocates:S Sivaneindiren,Jeff Ong Sze Ren ,Respondent Advocate: Yunus Ali,Ishak Shariff,Noor Safarin

Table of Content
1. court concludes in favor of appellant, asserting jurisdictional issues require arbitration. (Para 1)
2. parties have longstanding business relationships regarding crude palm oil sales. (Para 2 , 3 , 4)
3. contentions arise regarding definitions and terms of payment liabilities. (Para 5 , 10 , 11)
4. court observes ambiguity in contractual interpretations around late payment interest. (Para 6 , 12)
5. determination of dispute necessary before addressing merits alongside jurisdictional rights. (Para 7 , 9 , 13 , 18)
Abdul Aziz Abdul Rahim JCA:

[1] The issue in this appeal is whether there is a dispute between the parties that ought to be referred to arbitration before the respondent could commence the civil action against the appellant at the High Court. The High Court allowed the respondent's (plaintiff below) claim. On appeal to us by the appellant (defendant below), we allowed the appeal and set aside the High Court order with costs. These are our reasons for doing so.

[2] The appellant is a trading company that purchases and sells crude palm oil (CPO) to its clients. The respondent is a company that supplies and sells Malaysian crude palm oil. The appellant and respon

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