Yong Leou Shin SCJ:

(Full Trial)

A. Introduction

[1] This action is emanated from a claim for breach of contract filed by the Plaintiff against the Defendant and counter claim by the Defendant for refund of deposit and return of assets.

[2] After full trial, this court dismissed all the Plaintiff's claims except one particular prayer ie arrears of rental for a few months and allowed the Defendant's counter claim with cost. Dissatisfied, the Plaintiff filed this appeal.

B. Salient Facts

[3] The Plaintiff is a company, providing services for hair care in the rented premises known as LG1-101 Sunway Pyramid Shopping Mall.

[4] The Defendant is an individual running a business under the style and name of Nail Story Studio providing services for manicure and pedicure.

[5] The Plaintiff has entered into an agreement with the Defendant known as the "Letter of Appointment of Independent Service Provider" ("the said Agreement").

[6] Among the salient terms of the said Agreement that are relevant to this suit are as follows:

(i) the term of the said Agreement is for a period of 3 years;

(ii) the Defendant is required to pay the sum of RM49,000.00 being the deposit which shall be refunded upon the