HA CHEE LENG v CHIN YUEN SEE

wa-22ncc-145-03-2021 High Court (Mahkamah Tinggi) 3 April 2023 • WA-22NCC-145-03/2021 • 39 min read
7 cases cited (0 SG, 7 foreign)

Outcome

Having carefully considered all the evidence and submissions, I allowed the Plaintiff’s primary prayer. As the alternative prayers are no longer applicable, I make no order in respect of them. [105] The Plaintiff’s prayer for exemplary or aggravated damages is not allowed as the Plaintiff did not prove that she is entitled to such damages. [106] The Plaintiff has already received a substantial sum, which I consider sufficient to compensate her pursuant to the relevant clauses of the MUAs, specifically Clause 1.4, concerning the agreed liquidated damages.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-22ncc-145-03-2021). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Contract Law - Mutual Understanding Agreements - Nature of agreement determined by content not labels - Sale of business versus franchise - Distribution rights - Franchise Act 1998 - Interpretation of contract terms - Generic use of "franchise" terminology - Non-payment of consideration - Breach of fundamental term - Forfeiture clause - Agreed liquidated damages - Unjust enrichment - Termination of agreement - Parties' intentions - Admissions of inability to pay - Business operation - Failure to fulfill payment obligations - Misrepresentation allegations unsupported - Conduct of parties - Belated raising of franchise issue

Practice Areas

Contract Restitution

Judges (1)

Wan Muhammad Amin bin Wan Yahya Delivered

Counsel (7)

Cross & Associates Firm Sree Harry & Co. Firm Enoveetha Bhaskaran Counsel Plaintiff Koh Sze Jie Counsel Defendant Mahendra Mahason Counsel Plaintiff Stanislaus Cross Counsel Defendant Tee Vun Xin Counsel Defendant

Parties (2)

Chin Yuen See Defendant Ha Chee Leng Plaintiff

Statutes Cited

Franchise Act 1998
s 31

Cases Cited (7)

UK (1)
[1934] 2 KB 394
MY (6)
[1994] 3 MLJ 127 [1996] 3 MLJ 675 [2009] MLJU 661 [2014] 3 MLJ 691 [2015] 6 CLJ 594 [2021] 1 MLJ 549

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-145-03-2021)