KUALA LUMPUR: A manufacturing company has been ordered to pay RM265,000 (S$85,599) to actress Vanidah Imran as payment for the balance of a contract between both parties.
But Sessions Court (Civil) judge Roszianayati Ahmad dismissed Vanidah’s claim for RM500,000 in damages for using her image without consent upon expiry of the contract as well as general, exemplary and aggravated damages.
Roszianayati said Vanidah failed to prove that the defendant, Ronasutra cosmetics manufacturer Miliyasutra Industries Sdn Bhd, had used her photograph or allowed Singapore-based online skincare company Beauty Runcit to use it without her consent.
She said the plaintiff also failed to prove that Beauty Runcit had direct contact with the defendant and that the testimony of Beauty Runcit operator Rashidah Rahim, the defendant’s first witness, showed she had personally used Vanidah’s photograph to promote Miliyasutra Industries’ products on her website.
“After considering clause 5 of the contract, the court finds that it is the defendant’s obligation to pay the plaintiff a total of RM490,000 for a two-year contract entered by the parties.
“It is also not disputed that the contract between the plaintiff and the defendant had been completed within the period,” she said yesterday.
She said Miliyasutra Industries could not deny the payment as agreed, and also ordered the company to pay Vanidah RM10,950 in costs.
Vanidah, 44, filed the suit on Oct 28 last year.
In her statement of claim, the actress said she signed a contract worth RM490,000 with Miliyasutra Industries in September 2012 for two years and during that period, she had fulfilled her responsibilities without receiving any complaint from the defendant.
However, Vanida claimed that when the contract expired in September 2014, she had yet to receive the balance payment of RM265,000.
