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2021 MarsdenLR 2456

COURT OF APPEAL PUTRAJAYA
GUINNESS ANCHOR MARKETING SDN BHD – Appellant
Versus
MAN SENG TRADING & MARKETING SDN BHD – Respondent


Petitioner Advocates:Choon Hon Leng,Loo Hui En ,Respondent Advocate: Krishna Dallumah,Yong Yoong Hui

JUDGMENT

Kamaludin Md Said JCA:

Introduction

[1] The appellant Guinness Anchor Marketing Sdn Bhd appeals against part of the decision of the Seremban High Court dated 31 July 2018 which had inter alia:

(i) Dismissed the appellant's appeal against the respondent's loss of goodwill in the sum of RM 416,900.00;

(ii) Allowed the respondent's loss of profit of RM 500,885.97 as follows:

(a) RM 175,125.64 for the year 2002;

(b) RM 175,125.64 for the year 2003; and

(c) RM 150,634.69 for the year 2004.

(iii) Allowed the respondent's appeal for claim of loss of profit in the sum of RM 648,800.69 for the year 205 to 2006.

[2] Initially, the respondent raised a preliminary objection to the appellant's appeal contending that the appellant only filed one Notice of Appeal despite there being two appeals and separate orders ie Enclosure 12 and encl 15. The appellant has failed to specify which order they are appealing against. The appellant reacted by abandoning their appeal on paragraph (iii) above and will confine their appeal against the decision in paragraph (i) and (ii) only. Since the appeal in paragraph (iii) above, which order is made in respect of encl 15, is not the subject matter of appeal anymor


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