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HIGH COURT SABAH & SARAWAK KUCHING
KV DISTRIBUTORS SDN BHD – Appellant
Versus
ANTARES VENTURES SDN BHD – Respondent
| Table of Content |
|---|
| 1. dismissal of the appeal with costs. (Para 1 , 2 , 3 , 4) |
| 2. background facts of the distribution agreement. (Para 7 , 8) |
| 3. defendant's argument regarding licensing issues. (Para 10 , 11 , 12 , 15 , 19) |
| 4. court's reasoning on factual findings. (Para 35 , 36 , 49) |
| 5. validity of the distribution agreement. (Para 56 , 61) |
Appeal
Introduction
[1] The matter before this Court is an appeal by the defendant, KV Distributors Sdn Bhd against the entirety of the decision of the learned Sessions Court Judge ("SCJ") delivered after a full trial on 27 June 2023.
[2] Having carefully considered the grounds of judgment of the learned SCJ, together with the evidence adduced by both parties at trial, this Court finds no merit in the appeal. It is the considered view of this Court that the learned SCJ did not err in allowing the plaintiff's claim and in dismissing the defendant's counterclaim.
[3] Given the above, the Defendant's appeal is dismissed with costs. The findings and decision of the learned SCJ are affirmed accordingly.
[4] The Defendant is dissatisfied with this Court's decision and has filed an appeal to the Court of Appeal.
[5] Below are the grounds fo
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