12 Jun 2025
KOSI ENGINEERING SDN. BHD. CHENGALJATI SDN. BHD.
- Citation
- BA-22NCvC-114-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-114-03/2022 (Mahkamah Tinggi)
The court held that the Settlement Deed must be construed from its text: Clause 2, by use of 'notwithstanding', overrides any inconsistent parts of Clause 1 and imposes a clear deadline that the Indebtedness be settled on or before 31 December 2021; there was no contractual precondition that Turnpike Synergy's certification must precede defendant's liability; accordingly the plaintiff was entitled to the indebtedness as adjudicated and the defendant breached the Settlement Deed; the Order 14A determination was appropriate and the Notice of Application (Content 45) was allowed with costs.