8 Sept 2020
PROTOKOL ELEGAN SDN BHD WRA SERVICES SDN BHD
- Citation
- WA-24M-6-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24M-6-05/2020 (Mahkamah Tinggi)
The Settlement Agreement unambiguously fixed the Defendant's obligation to pay the Balance Sum by 27.1.2020; the entire agreement clause (para.6) confines obligations to the contract's four corners and precludes implying terms about the SFA/retention sum; ss.52 and 54 are inapplicable because no reciprocal promise to that effect existed in the Settlement Agreement; COVID-19/MCO did not frustrate performance as events occurred after the due date and did not render performance impossible; the Originating Summons contained sufficient particulars and conversion to writ was unnecessary; accordingl…