4 Dec 2024
KONSESI KOTAPERMATAMAS SDN BHD 1. ) TEGAS BROADCAST & MULTIMEDIA SDN BHD 2. ) SUPER SUN TECHNOLOGY SDN BHD
- Citation
- WA-12BNCC-18-07/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCC-18-07/2024 (Mahkamah Tinggi)
Section 71 did not apply because the 1st Respondent did not perform or deliver the goods for the Appellant but pursuant to the contractual chain via Tech Art; there was no incorporated retention of title binding downstream parties and Tech Art/Appellant received goods in good faith protected by s30(2) SOGA; allowing recovery would risk double payment and unjustly override contractual risk allocation and insolvency pari passu rules; accordingly unjust enrichment claim fails and Appellant not liable.