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 associated indemnities are void and unenforceable because they are founded on the Deferred Payment Scheme which is forbidden by law under s35 CIPAA; accordingly no legal obligation can arise from the Guarantees and the Plaintiff is estopped from asserting an inconsistent position taken in adjudication.