KERRY LOGISTICS (M) SDN BHD v POMELO FASHION MALAYSIA SDN BHD

wa-12ancvc-211-12-2024 High Court (Mahkamah Tinggi) 5 June 2025 • WA-12ANCvC-211-12/2024 • 9 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

Termination clause in Agreement – Whether a party to the agreement may terminate by giving notice and without giving any reason for premature termination – Whether the fixed period for notice of termination stated in the Agreement is applicable only in the event of default by the other party – Order 14A applicable for interpretation of contract – Rules of interpretation of contract – Commercial sense approach – Common sense approach to avoid absurdity when alternative interpretation is illogical

Judges (1)

Gan Techiong Delivered

Counsel (4)

Han & Partners Firm Surendra Ananth Firm Chew Chun Wei Counsel Appellant Surendra Ananth A/L Anandaraju Counsel Respondent

Parties (2)

KERRY LOGISTICS Sdn Bhd Appellant POMELO FASHION MALAYSIA Sdn Bhd Respondent

Case Significance

KERRY LOGISTICS (M) SDN BHD v POMELO FASHION MALAYSIA SDN BHD is a High Court (Mahkamah Tinggi) decision dated June 5, 2025 (citation: wa-12ancvc-211-12-2024). The case was decided by Gan Techiong.

What was the outcome of KERRY LOGISTICS (M) SDN BHD v POMELO FASHION MALAYSIA SDN BHD?

KERRY LOGISTICS (M) SDN BHD v POMELO FASHION MALAYSIA SDN BHD is a High Court decision dated June 5, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (6)

UK (4)

[1971] 1 WLR 1381 [1976] 1 WLR 989 [1998] 1 WLR 896 [2017] UKSC 24

MY (2)

[2016] 1 MLJ 464 [2021] 2 MLJ 374

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12ancvc-211-12-2024)