Marwiya Binti Miswan v Dede Resources Sdn Bhd

ba-12bncvc-44-07-2024 High Court (Mahkamah Tinggi) 3 March 2025 • BA-12BNCvC-44-07/2024 • 10 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

Appeal after full trial – Contract – Breach of Employment Arrangement Contract – Words and Phrases – Contractual interpretation – The actual definition of “Floral Design Training Course” – Construction of terms which consistent with business common sense – Whether the alleged training worth the compensation amount – Whether the compensation amount was unreasonable, exorbitant, unconscionable and/or disproportionate – Consideration on legitimate interest and proportionality in determining reasonable compensation – Recoverable liquidated damages – Section 75 of Contracts Act 1950 – Appeal allowed in part – The trial Judge’s decision set aside – Appellate intervention warranted when the trial judge is plainly wrong

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (4)

Enho Grace & Partners Firm Thomas Philip Firm Faten Nadia binti Azarudi Counsel Appellant Tirasak Chiranakorn Chua Counsel Respondent

Parties (2)

Dede Resources Sdn Bhd Respondent Marwiya binti Miswan Appellant

Case Significance

Marwiya Binti Miswan v Dede Resources Sdn Bhd is a High Court (Mahkamah Tinggi) decision dated March 3, 2025 (citation: ba-12bncvc-44-07-2024). The case was decided by Elaine Yap Chin Gaik.

What was the outcome of Marwiya Binti Miswan v Dede Resources Sdn Bhd?

Marwiya Binti Miswan v Dede Resources Sdn Bhd is a High Court decision dated March 3, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)

Cases Cited (3)

UK (1)

[2011] 1 WLR 2900

MY (2)

[2016] 1 CLJ 177 [2019] 2 CLJ 723

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12bncvc-44-07-2024)