JUDGMENT

Vazeer Alam Mydin Meera FCJ (Majority):

Introduction

[1] The Plaintiff/Respondent, Vertex Blue Consulting Sdn Bhd, is in the business of providing advertising and media services. The Plaintiff was the successful bidder in a tender exercise conducted by RTM to appoint an independent sales agent to carry out the sales of the Advertising Time Slots for its TV2, TVOkey and 33 radio stations ("Tender Exercise"). RTM comes under the purview of the Defendants/Appellants.

[2] The parties then entered into a Concession Agreement dated 4 July 2017 for a period of 5 years ("Concession Agreement").

[3] The Plaintiff claimed that the Defendants, in breach of contract, had wrongly terminated the Concession Agreement. Thus, the Plaintiff filed a suit in the High Court seeking, inter alia, a declaration that the Concession Agreement was wrongly terminated, and claiming damages based on losses it had allegedly suffered.