4 Oct 2021
Summit Streams Sdn Bhd (No. Syarikat : 856766-A) (Dalam Penggulungan) Yayasan Selangor PENCELAH SAP Ulu Yam Sdn Bhd
- Citation
- BA-22NCvC-443-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-443-09/2018 (Mahkamah Tinggi)
The 2018 suit was dismissed because the plaintiff (a company in winding-up) lacked a valid sanction specific to that suit rendering the action void ab initio; alternatively the cause of action was time-barred and barred by laches, the vendor validly terminated the SPA for purchaser default after multiple fixed extensions, the plaintiff was not ready and willing to perform so specific performance was refused, and the deposit was forfeited under the SPA; costs were awarded to defendant and intervener.