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2025 MarsdenLR 6118

HIGH COURT (KUCHING)
HAMID SULTAN, JC
Recaliva Design Steel (M) Sdn Bhd – Appellant
Versus
Vista Access Sdn Bhd – Respondent


Satinder Singh Sandhu (Tay Choon Howe with him)(Messrs Sandhu & Co, Advocates) for the plaintiff.
Lina Wee (Charles Ling Advocates) for the defendant.

Hamid Sultan J

This is my judgment in respect of the plaintiffs’ claim in the sum of RM253,200 with interest and costs on the ground that the defendants have failed to honour a joint venture agreement pursuant to a memorandum of understanding (‘MOU’) dated 11 July 2003.

At the commencement of the hearing, parties have agreed that the case can be heard by way of: (i) witness statement for examination-in-chief; (ii) preliminary cross-examination witness statement, with full liberty to further cross-examine orally (for purposes of cross-examination); (iii) preliminary re-examination statement with full liberty to further re-examination if there is further oral examination.

The court is extremely grateful to the parties for agreeing to such a mode as the preliminary cross-examination witness statement will save much of the court’s time to deal with peripheral matters and for all practical purpose, preliminary cross-examination witness statement will stand as interrogatories and answers thereto only, as the right of oral cross-examination to the litigant is preserved during the whole trial.

BRIEF FACTS

The plaintiffs say

(i)that by the MOU the plaintiffs’ has entered into a joint venture with

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