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2025 MarsdenLR 3747

HIGH COURT MALAYA KUALA LUMPUR
MERIDIAN DIVERSIFIED (M) SDN BHD – Appellant
Versus
EXPORT-IMPORT BANK OF MALAYSIA BERHAD – Respondent


Petitioner Advocates:Hazman Ahmad,Muhammad Irsyad Mohamad Hassan ,Respondent Advocate: Manshan Singh,Ho Pui Yan,Chong Zheng Yang (PIC)

JUDGMENT

Eddie Yeo Soon Chye JC:

Issues To Be Tried

[1] The Court shall deal with two main issues for the determination of the claim by the plaintiff against the defendant as follows:

(a) Whether the termination of the Agreement by the defendant is valid based on cl 16.3 of the Agreement?

(b) Whether the plaintiff is entitled to claim the remaining contract value of RM8,629,770.00 as compensation due to the termination by the defendant?

Salient Facts

[2] The Plaintiff and defendant entered into the Supply and Service Level Agreement (for Hardware and Software IT/Computer Products) (Customised Solutions Deliverables) dated 19 March 2019 (B2 p 13). (hereinafter referred to as "the Agreement") The Plaintiff was the supplier, and the defendant was the purchaser.

[3] Meridian Diversified (M) Sdn Bhd is the plaintiff Company engaged in the business of providing information technology and systems solutions and has the necessary experience and expertise to provide banking core IT solutions to financial institutions involving the supply and maintenance of hardware and software systems on an exclusive customized basis. The Plaintiff is the supplier in the Agreement. (refer to s 1.2 & 1.3 of the Ag


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