COURT OF APPEAL PUTRAJAYA
SEN MEDIA SDN BHD – Appellant
Versus
PERUNDING PAKAR MEDIA SDN BHD & ORS – Respondent
[1] In the High COURT, the 1st respondent, Perunding Pakar Media Sdn Bhd (the plaintiff in the High COURT), brought a writ action against the appellant, Sen Media Sdn Bhd (the defendant in the High COURT), for unpaid media services rendered in the sum of RM2,554,143.62.
[2] The appellant in turn had successfully applied by way of third party proceedings to add two third parties to the 1st respondents writ action, namely the 2nd respondent, the Government of Malaysia (the 1st third party in the High COURT), and the 3rd respondent, Majlis Sukan Negara Malaysia (the 2nd third party in the High COURT).
[3] We shall be referring to parties in this judgment in the capacity as they were in the High COURT.
[4] After a full trial, the High COURT allowed the plaintiffs claim against the defendant for damages in the sum of RM2,523,651.62 with interest of 5% per annum from date of judgment until full satisfaction and costs.
[5] As for the 1st and 2nd third parties, the High COURT held that the defendant failed to establish its case against both the 1st and 2nd third parties and therefore the High COURT dismissed the third party claim against them.
[6] Aggrieved by the decision of
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