[1] The appeal before us was against the decision of the learned High COURT Judge in Kuala Lumpur High COURT Civil Suit No S-23(NCVC)-95-11/2013 given on 26 March 2015 allowing the Respondent's (the Plaintiff in the High COURT) claim. We had, after perusing the record of appeal and considering the written and oral submissions of learned counsels forthe Appellant and the Respondent, unanimously allowed the appeal in part with costs. We set aside the High COURT Order and ordered the deposit to be refunded. Our reasons appear below.

[2] For the purpose of this judgment, the parties will be referred to as they were referred to in the High COURT.

Factual Background

[3] A production company based in India known as 'Popcorn Entertainment Pte Ltd' ("Popcorn") conceptualised an event known as the 'Global Indian Film Awards' ("GIFA"). GIFA is a yearly event highlighting the Indian film industry. Sometime in 2005, the Plaintiff participated in a