7 May 2021
THERMATEK SDN BHD TM GLOBAL MARINE SDN BHD
- Citation
- WA-27NCC-29-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-29-03/2020 (Mahkamah Tinggi)
s.42 Contracts Act 1950 did not apply because KPPS’s payment lacked a lawful basis as the promisor (defendant) never agreed to KPPS substituting for its obligation; mere full payment by a third party without basis does not discharge the promisor; the later refund was genuine; estoppel, adverse inference and laches were not established; conspiracy claim failed for lack of reliable evidence and motive on a balance of probabilities.