15 Oct 2018
SUMMIT DOMAIN SDN BHD & TAN SENG LEONG CARILLON SDN BHD CARILLON SDN BHD
- Citation
- J-02(NCVC)(W)-2540-12/2017 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- J-02(NCVC)(W)-2540-12/2017 (Mahkamah Rayuan)
The Court of Appeal held the SPA was a contingent/conditional contract dependent on a 'Final Decision of Court' as expressly defined in the SPA (requiring no further right of appeal); that definition was not satisfied because appeals were pending; the contingency thus remained unfulfilled and the contract lapsed or was properly terminated by the appellants under the SPA terms; section 47 was inapplicable to defeat a contingent contract termination; consequently the High Court order for specific performance was set aside and appellants were entitled to refund of monies.