Azmi & Associates is proud to announce a good victory for our client, Digital Perak Corporation Holdings (formerly known as KPerak Implementation and Coordination Corporation – KPerak INC Corporation), in the Court of Appeal (“COA“). The COA has overturned a previous High Court decision, thereby relieving Digital Perak from a substantial RM14.5 million payment claim by Simfoni Maya Sdn Bhd.

This case centered on a digital media agreement between Digital Perak, a non-profit agency dedicated to advancing ICT initiatives in Perak, and Simfoni Maya. Under the agreement, Simfoni Maya was responsible for managing Digital Perak’s media network and providing national airtime exposure.

Simfoni Maya asserted that it had fulfilled its contractual obligations and sought RM14.5 million in outstanding costs. Conversely, Digital Perak maintained that payment was conditional upon the actual utilization of national airtime, which had not occurred.

The three-judge panel, comprising Datuk Seri Kamaludin Md Said, Datuk Hashim Hamzah, and Datuk Azizul Azmi Adnan, ruled in favor of Digital Perak. The COA determined that the High Court had erred in its judgment, emphasizing that payments were indeed conditional on the utilization of airtime. The panel highlighted the necessity of adhering to the precise language of the agreement, particularly the terms “maximum” and “utilize.”

This significant win was secured by our Partner, Wafiy Azman, along with Associate, Marina Tiwol, who adeptly represented Digital Perak.

Azmi & Associates remains steadfast in delivering favorable outcomes for our clients, showcasing the expertise and dedication of our legal team.

For more details, please read the full article on The Edge Malaysia: https://theedgemalaysia.com/node/714444

Corporate Communications
Azmi & Associates
7 June 2024