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2025 MarsdenLR 4820

HIGH COURT MALAYA KUALA LUMPUR
SK INTERNATIONAL (M) SDN BHD – Appellant
Versus
TALSU POLYMER TECHNOLOGY SDN BHD – Respondent


Petitioner Advocates:Shamesh Jeevaretnam ,Respondent Advocate: Ang Boon Pin,Toh Kay Yann

JUDGMENT

Ahmad Shahrir Mohd Salleh J:

Introduction

[1] In this judgment, the parties are referred as they were before the trial court. This appeal arose from the decision of the Sessions court which allowed the plaintiff's claim against the defendant for the refund of RM320,000.00. The Sessions court had also dismissed the defendant's counterclaim for RM250,000.00.

[2] After careful consideration of the submissions of both parties and the records of appeal, we found no merit in this appeal. We were not persuaded that the learned Sessions court Judge had erred in her evaluation of the evidence or that her decision was plainly wrong. We accordingly dismissed the appeal with costs.

Brief Background Facts

[3] On 28 March 2018, the defendant and the plaintiff had entered into a memorandum of understanding ("MOU") along with a business advisory proposal ("BAP"). Pursuant to these documents, the defendant undertook to secure various governmental licences and approvals necessary for the plaintiffs business operations. In consideration of these services, the plaintiff had agreed to pay the defendant a professional fee amounting to RM450,000.00 exclusive of 6% GST.

[4] The scope of work outlined in


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