RTR TAX SERVICES SDN BHD v CHAI KOH WAH
Catchwords
Civil appeal - Appeal by Defendant against decision of Magistrate who dismissed Defendant's application to refer dispute to arbitration - Plaintiff and Defendant entered in a Practice Agreement as accountants - That agreement contained a clause to refer disputes to arbitration - the Practice Agreement was then terminated and a new contract for the Plaintiff's services was entered - The contract makes no reference to the Practice Agreement - Defendant claims that the new contract or Consultancy Agreement was an extension to the Practice Agreement and therefore the arbitration clause remained binding between parties Held: the business entity that entered into the new contract with the Plaintiff is not the same as the original Practice Agreement although the person representing the both business entities are the same - both contracts are separate and distinct - no provision referring to the Practice Agreement - tthe new contract is not an extension to the Practice Agreement - privity of contract - the arbitration clause cannot be read into a contract entered with different entity - appeal dismissed.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-11a-6-09-2023)