14 Nov 2024
LEIGHTON CONTRACTORS (MALAYSIA) SDN BHD EMRAIL SDN BHD
- Citation
- BA-22NCvC-195-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-195-06/2020 (Mahkamah Tinggi)
Defendant failed to show a triable issue: the unpaid sum under Supplemental Agreement No.4 was admitted, the defendant's emailed repayment proposals were unaccepted and amounted to mere proposals not replacing the Agreement, silence did not constitute acceptance, and frustration/Section 57(2) cannot excuse payment obligations that defaulted before COVID-19; therefore summary judgment was properly granted for the undisputed sum with costs.