Vietnamese businessman wins RM2.3 Million suit against Sabahan businessman

Kota Kinabalu: A Vietnamese businessman won a lawsuit on Friday against a local businessman for breach of contract involving import and export of Australian cattle.

Nguyen Thanh Thuyen was awarded USD 546,920.00 (RM 2.3 million) by the High Court Judicial Commissioner Bexter Agas Michael after he ruled the contract to import and export Australian cattle was breached by Johnny Kerepin Gadoh.

Justice Bexter Agas further ordered Johnny Kerepin to pay interest of 8% from the date of breach until the date of judgment and further statutory interest at the rate of 5% from the date of judgment until the date of full payment to the Plaintiff, Nguyen Thanh Thuyen.

Counsel Azhier Farhan bin Arisin who represented the Plaintiff said the court rejected the Defendant's argument that the contract was superseded and varied by an oral agreement after the Plaintiff's counsel submitted that the purported oral agreement was caught by the parole evidence rule under s.91 and s.92 of the Evidence Act 1950 hence inadmissible in law.

The court also ruled that the Defendant had failed to raise any triable issue and reasonable defence to the Plaintiff's claim in his affidavit of opposition.

Azhier said his client was extremely delighted with the ruling and expressed his gratitude and confidence to the Malaysian judiciary.

The Defendant trading under the name and style of Sri Panggan Enterprise was represented by Aida Jaafar Mat Ariff of Messrs Hairul Vaiyron & Co.