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COURT OF APPEAL KUALA LUMPUR
NIKE GLOBAL TRADING BV SINGAPORE BRANCH – Appellant
Versus
PEMUNGUT DUTI SETEM MALAYSIA – Respondent
| Table of Content |
|---|
| 1. novation agreement facts and implications. (Para 3 , 4 , 5 , 6) |
| 2. court's analysis on novation versus assignment. (Para 8 , 17 , 19 , 20 , 22 , 23 , 24 , 27 , 30) |
| 3. appellant and respondent's arguments on novation. (Para 10 , 11 , 12) |
| 4. consideration in novation agreements. (Para 36 , 39) |
| 5. conclusion and order in favor of the appellant. (Para 40 , 41 , 42) |
Introduction
[1] This is an appeal by Nike Global Trading B.V., Singapore Branch, ie the Plaintiff in the High Court (the Appellant), against the decision of the learned High Court Judge (HCJ) given on 6 November 2023 in dismissing the Plaintiff's appeal against the assessment of stamp duty (ad valorem duty) raised by the Pemungut Duti Setem, Malaysia (the Respondent).
[2] We heard the appeal on 19 May 2025 and reserved the same for decision. Having heard the appeals, examined the appeal records and considered the submissions by the parties, we decided to allow the Appellant's appeal. This is now the full grounds for our decision.
Background Facts
[3] On 1 May 2021, NIKE European Operations Netherlands B.V. (NEON) and NIKE Sales (Malaysia) Sdn Bhd (NIKE Malaysia) entered into an Intercompa
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