13 Mar 2020
Thai Kok Yoong ( ) Granstep Development Sdn Bhd ( )
- Citation
- BA-12A-60-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12A-60-10/2019 (Mahkamah Tinggi)
Clause 7 of the Performance Guarantee read with Clauses 3 and 5 does not offend section 29 Contracts Act 1950 because it prescribes the period within which a demand/claim under the guarantee must be made (validity of the guarantee) rather than limiting the time to enforce contractual rights; because the plaintiff failed to make any demand within the guarantee validity period (one year after termination) no cause of action arose against the guarantor and the claim was properly struck out.