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2015 MarsdenLR 952

COURT OF APPEAL PUTRAJAYA
SEN MEDIA SDN BHD – Appellant
Versus
PERUNDING PAKAR MEDIA SDN BHD & ORS – Respondent


Table of Content
1. claim arises from unpaid media services. (Para 1 , 4 , 6 , 14)
2. contractual relationship established through performance. (Para 10 , 11 , 12 , 17)
3. procedural non-compliance does not invalidate contracts. (Para 18 , 21 , 27 , 29)
4. payments made despite procedural complaints. (Para 20 , 22 , 23 , 24)
Azahar Mohamed JCA:

[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

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