Su Tiang Joo JC:

JUDGMENTIntroduction

[1]The Plaintiff’s claim is principally for breach of contract in failing to effect payments due. After a trial, on 7 November 2022, this Court allowed the Plaintiff’s sole remaining claim for special damages of RM14.5 million with interest thereon at 5% p.a. from 1 January 2015 until full realisation and costs of RM40,000.00. Dissatisfied, the Defendant appealed, and these are the grounds for the judgment handed down.

Trial via Remote Communication Technology

[2]By reason of the COVID-19 pandemic, the nine-day trial was conducted through a remote communication technology, namely the Zoom platform. Although section 15A (1)Courts of Judicature Act 1964

[3]Evidence was taken online from the witnesses called by the parties, four (4) by the Plaintiff and three (3) by the Defendant.

Parties

[4]The Plaintiff is a company incorporated in Malaysia with its business address at C806, Centre Wing, Metropolitan Sq., No. 2, Jalan PJU 8/1, Bandar Damansara Perdana, 47820 Petaling Jaya, Selangor.

[5]The Defendant is a company incorporated in Malaysia with its registered office at No. 9A, Medan Gopeng 4, Jalan Raja Dr Nazrin Shah (Jalan Gopeng), 31350 Ipoh, Perak.

Agre