PAN MALAYSIAN POOLS SDN BHD v XCESS NETWORKS (M) SDN. BHD.

wa-12bncvc-7-01-2024 High Court (Mahkamah Tinggi) 19 January 2025 • WA-12BNCvC-7-01/2024 • 11 min read

Catchwords

S.29 Courts of Judicature Act 1964 – All civil appeals from a subordinate court shall be by way of re-hearing – High Court may make different findings based on evidence adduced at the Sessions Court – No miscarriage of justice – Agreement was agreed to also cover the earlier period for which services have been provided – Date of Agreement is relevant – Agreement must be construed using a practical and logical approach – Use of phrase “per contractual year” is not superfluous – Payment on per contractual year basis means service fees payable for a whole contractual year even if prematurely terminated

Judges (1)

Gan Techiong Delivered

Counsel (6)

Chooi & Company Firm Sree Harry & Co. Firm Joshua Laurence Counsel Respondent Mahendra Mahaason Counsel Respondent Shamala Balasundaram Counsel Appellant Siow Poh Ching Counsel Appellant

Parties (2)

PAN MALAYSIAN POOLS Sdn Bhd Appellant XCESS NETWORKS Sdn Bhd Respondent

Case Significance

PAN MALAYSIAN POOLS SDN BHD v XCESS NETWORKS (M) SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated January 19, 2025 (citation: wa-12bncvc-7-01-2024). The case was decided by Gan Techiong.

What was the outcome of PAN MALAYSIAN POOLS SDN BHD v XCESS NETWORKS (M) SDN. BHD.?

PAN MALAYSIAN POOLS SDN BHD v XCESS NETWORKS (M) SDN. BHD. is a High Court decision dated January 19, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncvc-7-01-2024)