Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Anticipatory breach/repudiation
  • 30 Aug 2023

    TEE JOO TEIK LEE HON KIT

    Citation
    WA-22NCC-58-02/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-58-02/2023 (Mahkamah Tinggi)

    The court found the defendant's denials were bare and unsupported by credible evidence (no police report or handwriting expert), accepted the witness affidavit of the signatory witness, held that stamping delay did not invalidate the agreements, and that the defendant's total non‑payment under the Repayment Timeline amounted to anticipatory breach permitting the plaintiff to treat the agreement as at an end and claim the entire RM2,700,000.00; accordingly there were no bona fide triable issues and summary judgment was granted for the plaintiff with costs.