KUALA LUMPUR, Oct 13 (Bernama) -- Actress Nelydia Senrose was today ordered to pay RM89,144.03  in damages to Chriszen Malaysia Sdn Bhd in a lawsuit filed by the cosmetic company for violating an agreement as Chriszen beauty product brand ambassador last year.

Sessions Court Judge Shamsudin Abdullah ordered Nelydia, whose real name is Nik Zaris Nelydia Nik Sen, 26, to pay the damages after allowing the claims by the company.

He ordered the heroine of the film "Jebat” to pay RM16,869.03 in special damages, general damages of RM10,000 and to refund the company RM62,275 out of RM102,275 that was given to her in service cost, as she had spent RM40,000 for photo session.

The court also ordered her to pay cost of RM10,000.

In the judgment, Shamsudin said Nelydia, who was named the second defendant in the suit, was not sincere in performing her duty as the brand ambassador for the company’s beauty products.

"The court finds that the defendant gave more priority to her honeymoon than complying with the agreement as the brand ambassador for the company.

"Therefore, the court finds that the real reason why she did not attend the Chriszen product launch was because of the honeymoon and not because the plaintiff (Chriszen) did not give adequate notice,” he added.

Shamsudin said Chriszen  had informed Nelydia since March 8, 2019 about the event to be held on April 25, 2019 and the date was also agreed by Alfie Management Sdn Bhd, the company that supervised and managed Nelydia.

However, the judge said that on Aug 13, 2019 a default judgment was filed by Chriszen against Alfie Management, who was named the first defendant in the suit.

He said the court was satisfied that Nelydia herself knew that she would not be able to attend the product launch event since March 24, 2019, but only waited 19 days later, on April 12,  to inform Chriszen about her absence.

"The court is satisfied that the meeting held on April 12, 2019 was on the plaintiff’s initiative and if not for the meeting, the plaintiff would not have known that the second defendant was unable to attend the event.

"The court is also satisfied with the evidence which shows that the second defendant (Nelydia) failed to comply with the terms of the agreement and the action by the plaintiff in issuing a 30-day notice to the second defendant to answer its email was justified.

"On the balance of probabilities, the court finds that the plaintiff succeeded in establishing the case and the second defendant had failed to prove her defence. Therefore, the suit by the plaintiff is allowed,” the judge said.

Chriszen Malaysia filed the suit against Alfie Management and Nelydia on Oct 7 last year.

In the statement of claim, Chriszen Malaysia stated that Nelydia, who also starred in the drama ‘Bukan Kerana Aku Tak Cinta’, was appointed as Chriszen brand ambassador through an agreement dated Dec 21, 2018, and based on the agreement, both defendants had to promote the company’s products, including making postings on the products 15 times on the social media.

The beauty and skin care company claimed that in March 2019, Nelydia had agreed to attend a media launch event ‘Match Matte Serum Foundation’ that was held on  April 25, 2019.

However, Chriszen claimed that on April 12 the same year, it was informed that Nelydia would not attend the event, but no explanation was given.

The company claimed that Alfie Management, which supervised and managed the actress, also did not take any steps to rectify the situation or provide a reasonable explanation on her absence.

According to Chriszen Malaysia, it was with Nelydia’s consent to attend the event that it  arranged the product launching event.

The company claimed that because of Nelydia’s absence, Chriszen Malaysia’s reputation was tarnished and the company had to bear loss of RM61,702.40.

Chriszen was represented by lawyers Tan Eng Keat and Lim Sin Yee, while Nelydia was represented by lawyers Amirul Izzat Hasri and Lim Zi-Han.

The actress was however not in court today. — Bernama