7 Jan 2025
DSCAFF ENGINEERING SDN BHD 1. ) CHEEMATRADE SDN BHD 2. ) SABAH SHELL PETROLEUM COMPANY LIMITED
- Citation
- WA-22NCvC-535-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-535-08/2021 (Mahkamah Tinggi)
Time for payment under the Agreement was of the essence; the 1st Defendant breached by failing to pay as required; the Plaintiff's indulgence amounted to an extension of time under section 64 of the Contracts Act and did not create a collateral agreement or vary the contract; unreturned materials are to be treated as lost and invoiced per Appendix C; Plaintiff entitled to unpaid rentals, contractual late fees, interest at 5% p.a. and costs.