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2025 MarsdenLR 4103

HIGH COURT MALAYA KUALA LUMPUR
DATAMICRON SYSTEMS SDN BHD – Appellant
Versus
DATAKRAF SOLUTION SDN BHD – Respondent


Petitioner Advocates:Bahari Yeow Tien Hong,Lee Hon Jinn ,Respondent Advocate: Jasvinder Singh Surinder Singh

JUDGMENT

Gan Techiong JC:

Introduction

[1] The Plaintiff and the Defendant had, on 29 July 2020, entered into a contract which they called a Teaming Agreement ("the Teaming Agreement") - which is to remain effective for a period of five years (subject to renewal) from the date of the Teaming Agreement, ie until 28 July 2025.

[2] The spirit of the Teaming Agreement was for the Plaintiff to assist the Defendant in bidding for government projects, with the Defendant promising to appoint the Plaintiff as its main subcontractor if the Defendant is successful in its bid.

[3] In mid-2021, with the technical support given by the Defendant, the Plaintiff did succeed in securing a government contract with a contractual value of approximately RM13,500,000.00. The Defendant did keep its promise to appoint the Plaintiff as its subcontractor. It was undisputed that the Plaintiff did not breach the contract. Unfortunately for both parties, the main contract had to be cancelled and the Defendant was to make a claim from the National Cyber Security Agency ("NACSA") and to pay the Plaintiff accordingly. The long and the short of it is that that the Defendant did not pay the Plaintiff - which led to the f


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