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2014 MarsdenLR 56

COURT OF APPEAL PUTRAJAYA
PERNEC EBIZ SDN BHD – Appellant
Versus
CCI TECHNOLOGY SDN BHD & ORS – Respondent


Table of Content
1. appellant's appeal of high court judgment. (Para 1)
2. arguments regarding evidence and handling of case. (Para 2)
Abdul Wahab Patail JCA:

[1] The Appellant Pernec Ebiz Sdn Bhd appealed against the whole of the judgment dated 27 January 2012 of the High COURT dismissing the Appellant's claim against the Respondents.

[2] In the appeal before us, the Appellant reargued its case. The submission was delivered with marked fluency, assertively impressing upon the COURT that even if the oral evidence for the Appellant were rejected, there was 3 contemporaneous documentary evidence as well as evidence of conduct of the parties, in particular the conduct of the Defendants. It was submitted that the High COURT failed to direct its mind to the probabilities of the case based on the agreed facts and on the undisputed evidence, but was instead perturbed by the impression of messiness, which was compounded by a simplistic approach and selective appraisal of facts. This COURT is called on to freshly appraise the evidence led at trial.

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