16 Nov 2022
Chan Kheng Hoe and Rachel Lim Han Ying [Messrs. Chong + Keng Hoe] K. Kirubakaran [Messrs. Selva Mookiah & Associates]
- Citation
- WA-22C-60-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-60-08/2021 (Mahkamah Tinggi)
The guarantees and any incorporated indemnities are void and unenforceable because they are founded on the Deferred Payment Scheme which is forbidden by law under s35 CIPAA 2012; consequently no legal obligation can arise from those guarantees and the plaintiff is estopped from asserting a contrary position after the adjudication proceedings.