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HIGH COURT (KUALA LUMPUR)
SU TIANG JOO, JC


Advocates:
Mervyn Lai Wei Shiung (with Liew Ji Wei (PDK)) (Tommy Thomas) for the plaintiff.
Vinod Kumar Sharma (with Sathiswaranji a/l Samyraw and Hussein bin Akhtar) (Hussein Akhtar Sathiswaranji & Co) for the defendant.

Su Tiang Joo JC:

GROUNDS OF JUDGMENT

Introduction

[1]The plaintiff’s action against the defendant is for consultation services rendered. The defendant counterclaimed for the refund of monies paid to the plaintiff. After a trial which was heard in part by Justice Ahmad Bin Bache and continued before me, judgment was entered in favour of the plaintiff.

Brief Summary

[2]The plaintiff claims it had made an agreement with the defendant to assist the defendant in the defendant’s plan to set up and operate a resort to be called “The Colonial Hotel and Resort” on the famous island of Langkawi.

[3]The alleged agreement took the form of a Consulting Agreement dated 1 December 2012 with services to commence from 3 January 2013 for 24 consecutive months until 3 January 2015 at a monthly fee of USD 7,000.00 from January 2013 to December 2013, followed by USD 9,000.00 per month from January 2014 to December 2014 and that miscellaneous expenditures related to the services were to be reimbursed. The monthly fees were termed as local fees.

[4]It is also the plaintiff’s case that there was an oral agreement made on or about 1 December 2012 between the plaintiff and defendant for the rendition of internatio

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