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ZUL RAFIQUE & partners’ litigation team (Shahul Hameed Amirudin and Farah Shuhadah Razali) acted for  EPIC i.e. the 1st Defendant in the suit brought.

The Plaintiff’s case was for a breach of a joint venture agreement and EPIC’s defence to the claim was that there was no privity of contract between the Plaintiff and EPIC. The High Court Judge decided that there was no privity of contract between the Plaintiff and EPIC and there was no joint venture in existence between the Plaintiff and the 2nd Defendant. The Court of Appeal overturned the High Court decision. The Federal Court recently affirmed the Court of Appeal’s decision on the issue of liability and found that there was a contract between EPIC and the unincorporated joint venture.

The matter is now pending determination by the Court of Appeal on the assessment of damages.