555 FILM SDN BHD & ORS vs ADAMANCY CONSTRUCTION SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 622

COURT OF APPEAL PUTRAJAYA
555 FILM SDN BHD & ORS – Appellant
Versus
ADAMANCY CONSTRUCTION SDN BHD – Respondent

Petitioner Advocates:Kennie Ang Joo Koon,Wan Nur Nini Adila Wan Omar,Jaryne Lam Hui Jun ,Respondent Advocate: Haisha Dewi Zaid

Table of Content
1. background and details about the investment and the agreement. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. arguments from appellants regarding the trial court's findings. (Para 11 , 12 , 13)
3. court's analysis on the variation of the agreement and applicability of law. (Para 14 , 15 , 20)
4. conclusions about the lawfulness of termination and necessary conditions. (Para 19 , 23 , 28)

Che Mohd Ruzima Ghazali JCA:

Introduction

[1] This is the appellants'/plaintiffs' appeal by way of Notice of Appeal dated 20 June 2022 against the Order dated 25 May 2022 granted by the Kuala Lumpur High Court in dismissing the appellants'/plaintiffs' claim via Originating Summons in encl 1 and in allowing the respondent's/ defendant's counterclaim via the respondent's/defendant's Affidavit in Reply in encl 4.

[2] For ease of reference, parties will be referred to as in the High Court, the plaintiffs and the defendant. Individually, the plaintiffs will be referred to as P1, P2, P3 and P4 respectively.

The Salient Facts

[3] By an agreement dated 22 November 2020 entered into between the plaintiffs and the defendant (the Agreement), the defendant as an investor agreed to invest RM2 million (t

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2023 MarsdenLR 622

COURT OF APPEAL PUTRAJAYA555 FILM SDN BHD & ORS – AppellantVersusADAMANCY CONSTRUCTION SDN BHD – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
555 FILM SDN BHD & ORS – Appellant
Versus
ADAMANCY CONSTRUCTION SDN BHD – Respondent