Peps-JV (Melaka) Sdn. Bhd. v VMG Transport (M) Sdn. Bhd.

Appellant(s): Peps-Jv (Melaka) Sdn. Bhd.

Respondent(s): Vmg Transport (M) Sdn. Bhd.

• YA Dato' Azizul Azmi Bin Adnan
• YA Datuk Dr Shahnaz Binti Sulaiman
• YA Dato' Ahmad Shahrir B. Mohd Salleh

• The Plaintiff and Defendant entered into three transport services contracts between 2015 and 2018.
• A dispute arose concerning unpaid invoices for transport services rendered by the Plaintiff.
• The Plaintiff claimed outstanding invoices, GST penalties, lorry repair costs, and loss of future earnings, while the Defendant counterclaimed for alleged overpayments and costs of alternative transport.

• Whether the Plaintiff had sufficiently proven its claim for outstanding invoices, considering the Defendant's defence of unsupported invoices and lack of contemporaneous complaints.
• Whether the Plaintiff's suspension of services constituted a repudiatory breach of the 2018 Agreement, and if the Defendant's subsequent termination was wrongful.
• Whether the 2018 Agreement was a fixed-term contract entitling the Plaintiff to claim loss of future earnings, and the validity of the Plaintiff's ancillary claims and the Defendant's counterclaim.

• The C affirmed the High Court's decision, dismissing the Defendant's appeal entirely and upholding the award of RM1,917,495.86 for outstanding invoices and RM30,000.00 in nominal damages for wrongful termination.
• The C also dismissed the Plaintiff's appeal, finding that the claims for GST penalties, lorry repairs, and loss of future earnings were correctly dismissed by the High Court due to lack of proof and contractual interpretation.
• Both parties were ordered to bear costs for their respective appeals, with the Defendant ordered to pay costs to the Plaintiff for the High Court proceedings.