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2017 MarsdenLR 1317

COURT OF APPEAL PUTRAJAYA
SAMSURI BAHARUDDIN & ANOR – Appellant
Versus
BORNEO SAMUDERA SDN BHD – Respondent


Petitioner Advocates:Malik Imtiaz Sarwar,Collin Law,Sherzali Asli ,Respondent Advocate: Dato Dr Cyrus Das,Jeyan Marimuthu,Jimmy Chang Yaw Chung

Table of Content
1. court found liability of defendants. (Para 1 , 2 , 4 , 5)
2. issues regarding transcripts raised. (Para 3 , 6 , 8)
3. rules for appeal records and due diligence emphasized. (Para 9)
4. incomplete records as procedural failure. (Para 10 , 11)
Rohana Yusuf JCA:

[1] After a full trial the learned trial Judge in the High Court in Sabah and Sarawak at Tawau, found the Defendants liable for inducing the 787 and 66 smallholders to breach a Joint Venture Agreement ("JVA") entered into, on 09 August 1998. Resulting from that finding, the learned trial Judge ordered the Defendants to pay damages to be assessed.

[2] The trial took 36 days during which the evidence of 29 witnesses was led. Eleven witnesses for the Defendants and eighteen witnesses for the Plaintiff had testified. The trial ended on 25 June 2014 after which counsel for both parties were directed to submit their submissions on the same day. The submissions was possible as it was the practice of the Court to provide the notes of proceedings at the end of each day of hearing. The learned trial Judge proceeded to deliver his decision on 30 September 2014. The First Defendant did not file any appeal. The other two Defen

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