15 Jul 2024
SKAIBA PRIVATE LIMITED 1. ) KCT UNITED SDN. BHD. 2. ) HEONG POH WAH 3. ) TEOH HOCK PENG 4. ) YAP ROU ZHI 5. ) LENG WIE MUN
- Citation
- WA-22NCC-310-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-310-07/2021 (Mahkamah Tinggi)
The 1st Defendant breached the Glove SPA; Article 8 did not absolve liability because Rakan Niaga's failure was not the sort of unforeseeable external cause confined by Article 8 and was within the 1st Defendant's control under its supply arrangement; Article 15's limitation did not apply to losses that were the direct result of the 1st Defendant's breach; Plaintiff proved entitlement to refund USD1,554,095 and damages; Plaintiff failed to prove fraudulent misrepresentation by the 2nd, 4th and 5th Defendants and their claims are dismissed.