JUDGMENT

Azizah Nawawi JCA:

Introduction

[1] This is an appeal against the decision of the High Court in Shah Alam, Selangor dated 29 October 2018 which had allowed the plaintiff's claim for damages premised on a breach of contract.

[2] After a full trial, the High Court found that there was a valid and binding contract between the parties and ordered, inter alia, that the defendant is to pay the plaintiff:

(i) RM9,800,000.00 being the damages suffered by the plaintiff due to the defendant's failure to purchase the remaining 4,000 units of terminal; and

(ii) RM6,892,968.00 being the damages suffered by the plaintiff due to the defendant's failure to continue with the maintenance of 5,000 units of terminal for the following four years.

[3] Having considered the appeal records and the submissions of the parties, this Court has allowed the appeal with costs. Our decision was unanimous and these are our grounds for allowing the appeal and for ease of reference, parties will be referred to as they were in the High Court.

The Salient Facts

[4] The plaintiff is a company which is involved in the business of developing and servicing banking and retail technology.

[5] The defendant is a company in th