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2012 MarsdenLR 1938

HIGH COURT MALAYA, KUALA LUMPUR
PERNEC EBIZ SDN BHD – Appellant
Versus
CCI TECHNOLOGY SDN. BHD & ORS – Respondent
[Suit No. D-22-2021-2008]



A party cannot benefit from its own wrongdoing, particularly when it has breached contractual obligations, nullifying any claims for relief or injunctions.

Headnote:(A) Contract Act 1950 - Section 38(1) - Dispute over supply of payphones and related equipment - Plaintiff's actions in terminating the contract deemed improper as termination did not comply with terms - Constructive trust claims against Defendants failing due to Plaintiff's breach of contract. (Paras 1, 24, 23)

(B) Duty to perform contracts - No party can benefit from its own wrongdoing - Established that Plaintiff's failure to fulfill obligations nullified its claims for relief or injunctions. (Paras 24, 22, 12)

(C) Court found that terminations were made in bad faith and were self-serving for Plaintiff's interests rather than contractual adherence. (Paras 24, 2, 3)

Table of Content
1. claims related to payphone supply agreements. (Para 1)
2. plaintiff's claims and defenses outlined. (Para 2 , 10 , 11 , 12 , 13)
3. procedural issues regarding evidence and witnesses. (Para 3 , 4)
4. court's role in managing trials; implications of procedural shortcomings. (Para 5 , 6 , 7 , 8 , 9 , 17 , 18 , 19 , 20)
5. legal principles prohibiting self-benefiting from wrongdoing. (Para 22)
6. court's judgment to dismiss plaintiff's claims. (Para 23)
[1] This is my JUDGMENT in respect of the Plaintiffs claim against the Defendants relating to an agreement for the supply of public payphone equipments and the original prayers in the statement of claim reads as follows:

"(A) Towards The First Defendant

(i) A declaration based on paragraph 67.2(i) above that the First Defendant is responsible to account to the Plaintiff all collections and incomes from the said Payphones as a constructive trustee from the wrongful assistance for the breach of fiduciary duty by the Fifth Defendant.

(ii) An order based on paragraph 67.2(i) above to account to the Plaintiff all collections and incomes from the said Payphones as constructive trustee from the wrngful assistance given for the breach of fiduciary duty by the Fifth Defendant.

(iii) A declaration based on paragraph 67.2(ii) above that the First Defendant holds all amount of monies, payments, collections and incomes from the said Payphones from the wrongful assistance given by the Fifth Defendant as constructive trustees on behalf of the Plaintiff.

(iv) An order based on paragraph 67.2(ii) to pay or surrender to Plaintiff all amount for monies, payment, collection and income from the said Payphones as disclosed.

(B) Towards The Fifth Defendant

(i) An order to pay damages to Plaintiff in equity based on paragraph 67.1 (i) above.

(ii) An order based on paragraph 67,l(ii) above to account to Plaintiff all the amount of monies, payment, wages, commissions or remunerations, with all properties and articles which were obtained directly or indirectly using the said monies, payment, wages, commission and remunerations which were received by it and/or by the Seventh Defendant are to be treated as secret payment in consequence of cheating the Plaintiff.

(iii) A declaration based on paragraph 67.1 (iii) that the Fifth Defendant holds all amount of monies, payment, wages, commission and remunerations, with all properties and articled which was obtained directly or indirectly using the said monies, payments, wages, commissions and remunerations which was received by it as a consequence of cheating the Plaintiff, as a resulting trustee or constructive trustee on behalf of the Plaintiff.

(iv) An order based on paragraph 67.1(iv) to surrender, pay or transfer to the Plaintiff all amount of monies, payments, wages, commissions and remunerations, with all properties and articles which were obtained directly or indirectly using the said monies, payments, wages, commissions and remunerations as disclosed.

(v) An order based on paragraph 67.1(v) to pay to the Plaintiff general damages for the breach of employment contract.

(vi) An order based on paragraph 52 to pay damages to the Plaintiff as assessed by this Honourable Court for the losses suffered due to the breach of Contract committed by the First Defendant.

(vii) An order based on paragraph 67.1(iv) to surrender, pay or transfer all amount of monies, payments, wages, commissions and remunerations, with all properties and articles which were obtained directly or indirectly using the said monies, payments, wages, commissions and remunerations as prescribed in Section 132 (3) (a) of the Companies Act 1965 .

(C) Towards The Second, Third and Fourth Defendant

(i) A declaration based on paragraph 67.3(i) above that the Second, Third and Fourth Defendants are responsible to disclose to the Plaintiff all amount of monies, payments, collection, income and interest from the said Payphones as constructive trustees from the wrongful assistance given directly and/or thro

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