HIGH COURT MALAYA KUALA LUMPUR
KERRY LOGISTICS (M) SDN BHD – Appellant
Versus
POMELO FASHION MALAYSIA SDN BHD – Respondent
JUDGMENT
Introduction
[1] This appeal is all about the interpretation of a Service Agreement made between the parties. The Appellant/Plaintiff filed a Notice of Application pursuant to O 14A of the Rules of 2012 on 25th June 2024, raising 2 questions for determination. The learned Sessions Court judge answered those 2 questions and dismissed the Appellant's claim with costs. Hence, this appeal was filed by the Appellant/Plaintiff.
[2] After hearing submissions by learned counsel, I decided that this Court ought to dismiss the appeal as the learned Sessions Court judge had interpreted the clauses correctly. There is no appealable error.
Background Facts
[3] The Appellant is in the business of providing, inter alia, warehouse services.
[4] On 16th June 2023 the Appellant/Plaintiff and the Respondent/Defendant entered into a warehouse service agreement in which the Appellant as the service provider was to provide warehouse services as specified in Schedule III of the said agreement ("the Service Agreement") to the Respondent.
[5] Even though the Service Agreement was dated in June 2023, the contract term was stated to commence earlier, from 15th August 2022 to 31st Dec
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