The Borneo Post (Sabah)

Tawau school to represent district in Griffith Law mock trial competitio­n

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TAWAU: SMK Tawau will represent the district in the grand final of the first Griffith Law School Sabah High Schools Mock Trial Competitio­n 2018 which will be held between June 29 and July 1 in Kota Kinabalu.

SMK Tawau’s defence team representi­ng Martin Johnston beat SM St Patrick’s prosecutio­n team representi­ng Benji’s Catering Sdn Bhd in a civil case concerning the plaintiff’s wish to recover the amount paid to the defendant for catering at a major fund-raising event organised by the plaintiff to raise money for the Malaysian Society for the Prevention of Cruelty against Animals.

The plaintiff alleged that he had made it clear that the food provided for the event had to be vegetarian, and the catering provided was not fit for the particular purpose that had been made known to the defendant, as all the canapes served at the beginning of the event contained meat.

The defendant argued that while the plaintiff had made it clear that main meals served during the sit-down dinner had to be vegetarian, but it was not made clear that the canapes also had to be vegetarian, and it was not reasonable to rely on the defendant to cater for a fullyveget­arian event, as its manager had made it clear to the plaintiff that the defendant’s company had no expertise in vegetarian catering.

Magistrate Melissa Chia concluded that the plaintiff had not proved his case on the balance of probabilit­ies and, thus dismissed the claim. The plaintiff merely assumed that the pre-dinner refreshmen­t canapes were vegetarian meal. The advertisem­ent given by the plaintiff merely informed that the meal was vegetarian and the plaintiff did not specify to the defendant that the canapes have to be vegetarian. Terms in the contract should be made known, especially the purpose of the contract.

SMK Tawau was represente­d by Helennie Jeanes Lorelai, Nur Adilah Ariqah, Nur Fatin Hani Sjiaola, Mukriz Musliansha­h, Syuhada Ismail and Sarah Adrieana. The team was coached by C & K Chambers,

SM St Partick’s team members were Elaine Hiew, Samson Lai, Ynonne Tsen, Vagish A/L Krishnan, Siti Saleena Hj Samutu and Frederic Lee.

The coaches for SMK Tawau were Chin Shuk Theeng and Kong Ping Ying from C&K Chambers while St Patrick team were Pearl Lee Chee Shia, Pang Phin Ping from Shim Pang & Co., Raymond Guok and Andy Tay Kok Siong from Andy Tay & Associates.

 ??  ?? The winning SMK Tawau team with Melissa (middle) and their coaches.
The winning SMK Tawau team with Melissa (middle) and their coaches.

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