26 Nov 2020
BENTARA GEMILANG INDUSTRIES SDN BHD TSR BINA SDN BHD PIHAK KETIGA SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD
- Citation
- WA-22NCC-232-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-232-06/2020 (Mahkamah Tinggi)
The Supply Contract between plaintiff and defendant was a valid, binding contract; plaintiff delivered and defendant accepted the goods and remains indebted; the Side Letter and Appendix 9 did not create a binding obligation on SPYTL to pay (clauses were discretionary and there is no privity enabling plaintiff to enforce against SPYTL); defendant failed to raise any bona fide triable issue to defeat the O.14 application; summary judgment was therefore properly granted for the plaintiff.