16 Nov 2022
Chan Kheng Hoe and Rachel Lim Han Ying [Messrs. Chong + Keng Hoe] K. Kirubakaran [Messrs. Selva Mookiah & Associates]
- Citation
- WA-22C-60-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-60-08/2021 (Mahkamah Tinggi)
The guarantees were founded on and expressly premised upon the Deferred Payment Scheme in the LOA and Supplemental Agreement; because a Deferred Payment Scheme of the kind in issue amounts to a conditional payment provision void under s35 CIPAA 2012 and therefore the consideration for the guarantees is forbidden by law (Contracts Act ss24(a),25), the guarantees and any related indemnities are void and unenforceable; the plaintiff is estopped from taking a position inconsistent with its stance in the adjudication, and accordingly no legal obligation arises from the guarantees; costs awarded to…