29 Aug 2023
EVERFINE RESOURCES SDN BHD MALAYSIA BUILDING SOCIETY BERHAD
- Citation
- WA-22M-127-06/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-127-06/2021 (Mahkamah Tinggi)
On the balance of probabilities the Defendant did not breach the Facility Agreement: the Plaintiff failed to satisfy conditions precedent and delayed provision of the FELDA EOT until after the Facility expiry, and the Agreement vested the Defendant with discretion to refuse disbursement or to terminate; the termination referenced prior reminders and thus was not without reason.