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2023 MarsdenLR 1229

HIGH COURT MALAYA IPOH
ROSWAN ISMAIL – Appellant
Versus
UNIVERSITI PENDIDIKAN SULTAN IDRIS (UPSI) – Respondent


Petitioner Advocates:Mohammad Yusoff Abdul Kadir ,Respondent Advocate: Amsa Damodran Naidu

Table of Content
1. financial obligations arise from educational sponsorship agreements. (Para 1 , 2 , 3 , 4)
2. failure to meet educational goals breached contractual terms. (Para 5 , 6 , 7 , 8 , 9)
3. court's role is deference to trial judge's factual determinations. (Para 19 , 21 , 22)
4. inference based on standard practice can establish contractual relation. (Para 24 , 28)
5. consistent acceptance of payments indicates acknowledgment of obligations. (Para 36 , 37 , 40)
6. affirmation of lower court's findings based on evidentiary review. (Para 46)
Moses Susayan JC:

Backgrounds Facts

[1] The Respondent, an institution of higher education, sued the Appellant, a former lecturer, to pay compensation in the amount of RM198,212.17.

[2] The Respondent operates under various legislative and regulatory frameworks, including the University Colleges Act 1971 and the Sultan Idris Education University (campus) Order 1997, which dictate its governance and policies.

[3] The Appellant, while being employed by the Respondent, embarked on a Doctor of Philosophy ("Ph.D.") program in Computer Networking at Universiti Putra Malaysia ("UPM"). This academic venture was undertaken through a scholarship scheme k

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