22 Apr 2022
1. ) INTERNAL CONTROL CONSULTING SERVICES SDN. BHD. 2. ) Abdul Mois Bin Hashim KOPERASI SERI CHEEDING BERHAD
- Citation
- BA-22NCvC-583-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-583-12/2019 (Mahkamah Tinggi)
The court held the Defendant wrongfully terminated the 1st JV because the termination letter failed to comply with the contract's mandatory clause 7.3 (no proper written notice to remedy within 120 days) and the cited ground (expired business registration) was not a contractual disqualification in the 1st JV; the 1st JV was not superseded by conduct because the new JV was never executed. The tort of deceit failed because there was no proven knowingly false representation intended to be relied on (parties understood AGM mandate and conditions). Remedies were limited: reimbursement of the premi…