JUDGMENT

Mohd Arief Emran Arifin J:

A. Introduction

[1] The Plaintiff claims the Defendant had unlawfully terminated the Contract dated 3 September 2019 which was referred to as the Concert Performance Agreement.

[2] Material terms of the Contract are as follows:-

2. PAYMENT TO THE MANAGER

2.1 In consideration for procuring the services of the Artiste and the Tour Members, the Promoter shall pay to the Manager a fee of Ringgit Malaysia Seven Hundred Thousand (RM700,000.00 nett) only (the "Performance Fee) and such amount is to be paid in the following manner:

(a) 50% (RM350,000.00) to be paid within 14 days upon signing of this agreement;

(b) 50% (RM350,000.00) to be paid on or before 15 December 2019.

4.5 The Manager shall ensure that the Artiste will not appear in any public live performance in Malaysia during the period comprising three (03) months before the Date of Performance unless with a written consent from the Promoter. Any performances set after the Date of Performance can only be announced after 31 December 2019, unless otherwise agreed in writing by the Promoter. The Promoter would be notified and there would not be any performances that will affect the inducement of audiences