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2017 MarsdenLR 719

FEDERAL COURT PUTRAJAYA
U TELEVISION SDN BHD & ANOR – Appellant
Versus
COMINTEL SDN BHD – Respondent


Petitioner Advocates:Gopal Seri Ram,Clinton Tan Kian Seng,David Yii ,Respondent Advocate: Cyrus Das

Table of Content
1. court's findings on the high court's determination. (Para 19)
2. determining whether technical expertise was adequately represented in court. (Para 20 , 34 , 39)
3. defendants' argument centered on technical failings. (Para 21 , 28)
4. conclusion on failure to provide expert evidence. (Para 50)
5. failure to provide necessary expert evidence undermines assumed successful fulfillment of contract obligations. (Para 52)
(1) The defendants' witnesses lacked expertise and technical knowhow despite holding senior management positions in the 1st defendant and being involved in the project. (See para 57 of the Judgment of the High Court).

(2) The plaintiff's witnesses, PW2 and PW3 demonstrated that they had the technical expertise and knowhow of the working of the Project. (See para 58 of the Judgment of the High Court).

(3) The plaintiff's evidence that the POC was a stand-alone system was to be preferred over the defendants' contention that the POC was an end-to-end broadcast solution. (See para 59 of the Judgment of the High Court).

(4) Versions 3.8(a) and 3.8(b) are different. (See para 61 of the Judgment of the High Court).

Findings Of The Court Of Appeal

[19] The Court of Ap

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