3 Feb 2020
PEKAN NENAS INDUSTRIES SDN BHD (COMPANY NO. : 209816-D) FORESIGHT LAUNCH SDN BHD (COMPANY NO.: 940274-U)
- Citation
- JA-12BNCVC-7-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12BNCVC-7-05/2019 (Mahkamah Tinggi)
The High Court allowed the appeal, finding the Sessions Court's decision was impeachable: the respondent failed to call material witnesses/documents invoking s114(g) adverse inference; the illegality of a tenancy does not automatically vitiate the sale and purchase agreement between vendor and purchaser; the factory was repairable and was in fact repaired and resold, so the doctrine of frustration did not apply; consequently the Sale and Purchase Agreement was terminated and the RM200,000 deposit was forfeited to the vendor in accordance with the contract terms.