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HIGH COURT MALAYA IPOH
KONG DIONG THIEN & ANOR – Appellant
Versus
CARLBERG MARKETING SDN BHD – Respondent
| Table of Content |
|---|
| 1. dispute origins and claims from both parties. (Para 1 , 2 , 3) |
| 2. key legal and factual issues identified. (Para 24) |
| 3. plaintiffs allege fraud and misrepresentation. (Para 25 , 26) |
| 4. essence and elements of deceit defined. (Para 28 , 29) |
| 5. validity of agreements secured despite allegations. (Para 56 , 57) |
| 6. rejection of unapproved agreements upheld. (Para 68 , 70) |
| 7. plaintiffs breach sales targets outlined in contracts. (Para 76 , 84) |
| 8. vandalism constitutes trespass to goods. (Para 92 , 99) |
| 9. pattern of harassment established against 1st plaintiff. (Para 100 , 108) |
| 10. defendant awarded damages for misconduct by 1st plaintiff. (Para 112 , 113) |
Introduction
[1] This dispute arises from the Plaintiffs' claim against the Defendant, Carlsberg Marketing Sdn Bhd (hereinafter "Carlsberg") in relation to the Outlet Agreements, particularly regarding Kafe 338, Restoran 3388, and Restoran 677. The Plaintiffs contend that the Defendant has failed to honour its commitment to provide upfront disbursements as stipulated in the Outlet Agreements executed for the supply of Carlsberg products and associated promotional support. Additionally, the 1st Plaintiff c
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