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Cases

INTEGRATED TRAINING AND SERVICES SDN BHD v. KERAJAAN MALAYSIA & ORS
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Nallini Pathmanathan, Zaleha Yusof FCJJ
[Civil Appeal No: 01(f)-29-09-2020(W)]
28 March 2022
[2022] 4 MLRA 138

JUDGMENT

Zaleha Yusof FCJ:

Background Facts

[1] This appeal arose from an assessment of damages proceeding, the decision of which entails a question as to whether a court may lawfully depart from what has been agreed by the parties in their contract to have a mutually appointed expert to determine expenses or damages as a means of independent valuation.

[2] The appellant is a company operating a flight academy which conducts flight training, flight simulator training and aircraft rental.

[3] At the request of the respondents, the appellant and the 1st respondent entered into two agreements which inter alia, required the appellant to provide and carry out flight training courses for the respondents' trainees and the respondents were to send a certain number of trainees to attend the appellant's training courses by batches. The respondents failed to send the required number of trainees as agreed. As a result, the appellant was forced to end the training courses early as it could not afford to bear the cost due to the insufficient numbers.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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