1. ) Mohd Abdul Wahab Bin Said 2. ) Flight Dynamic Resources Sendirian Berhad v Mforce Bike Holdings Sdn Bhd

wa-23ncvc-67-10-2023 High Court (Mahkamah Tinggi) 16 December 2025 • WA-23NCvC-67-10/2023

Catchwords

Civil Procedure – Counterclaim – Breach of contract – Exclusive distributorship – Whether Letter of Appointment prohibited delegation to third parties – Interpretation of written contract – Parol evidence rule – Sections 91 & 92 Evidence Act 1950 – Whether termination was lawful – Whether failure to protest termination amounts to waiver – Whether damages for loss of tender, inventory, and reputation recoverable – Burden of proof – Sections 101 & 102 Evidence Act 1950 – Damages under section 74 Contracts Act 1950 – Principles of Hadley v Baxendale – Mitigation of loss – Whether reputational loss claim sustainable in contract – Malik v Bank of Credit applied – Claim dismissed.

Practice Areas

Civil Procedure Contract Evidence

Judges (1)

Avinder Singh Gill a/l Ranjit Singh Delivered

Parties (3)

Flight Dynamic Resources Sendirian Berhad Plaintiff MFORCE BIKE HOLDINGS Sdn Bhd Defendant Mohd Abdul Wahab bin Said Plaintiff

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-23ncvc-67-10-2023)