MAHENDRAN A/L SUPPIAH v 1. ) GRYPHON ENERGY (SEA) SDN. BHD. 2. ) NAGENDRAN A/L C.NADARAJAH 3. ) GRYPHON ENERGY (ASIA PACIFIC) SDN. BHD. 4. ) SANDAKAN OFFSHORE (M) SDN. BHD.
Catchwords
Abstract The claims are for RM14.68 million based on alleged oral promises made in 2008 for profit-sharing and employment benefits from energy companies. The plaintiff claimed entitlement to 8% of project profits and other benefits after leaving his position to develop offshore production technology. The court rejected secretly recorded conversations as inadmissible due to non-compliance with section 90A Evidence Act 1950 and dismissed the claims on three grounds: time-barred under the Limitation Act 1953, barred by res judicata from a withdrawn Industrial Court case, and failure to prove the alleged oral promises. Keywords • Oral agreements • Section 90A Evidence Act 1950 • Limitation Act 1953 • Res judicata • Digital evidence admissibility
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Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-430-07-2020)