11 Sept 2023
SPK-SENTOSA CORPORATION BERHAD (DALAM PENGGULUNGAN) 1. ) SEP CAPITAL (M) SDN BHD 2. ) PEMBINAAN SPK SDN BHD 3. ) TRW BOULEVARD SQUARE SDN BHD [NOD for R3 at Encl. 10]
- Citation
- WA-22NCC-407-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-407-09/2021 (Mahkamah Tinggi)
The consent judgment was declaratory only and contained no positive or executory obligation to execute a deed of assignment; the court lacked jurisdiction to unilaterally impose new obligations or vary the consent judgment without mutual consent and, additionally, any assignment would be ineffective without the Third Defendant's consent under the contract's non-assignment clause; accordingly the application for consequential orders was dismissed and costs awarded to the defendants.