Introduction

[1] On 6 October 2021 the High Court after full trial allowed the plaintiff's claim for unlawful termination of contract and granted an order for damages to be assessed based on quantum meruit. The Plaintiff's appeal to the Court of Appeal against the said decision was dismissed. The full grounds of the said judgment of the High Court as prepared by the presiding Judicial Commissioner Evrol Marriette Peters (now J) can be found in Pearson Hardman Industries (M) Sdn Bhd v. MES Technoservice Malaysia Sdn Bhd 2021 MarsdenLR 2117 ; [2022] 2 AMR 162 .

[2] Since the plaintiff did not take up further the decision of the Court of Appeal to the Federal Court, this Court went ahead with the order for assessment of damages but this time it was heard before me as the presiding judicial commissioner.

[3] For the purpose of the assessment, parties have agreed that the damages to be assessed will purely be based on the c