22 Aug 2025
PENANG PORT SDN BHD 1. ) PRASARANA MALAYSIA BERHAD 2. ) RAPID FERRY SDN BHD
- Citation
- WA-22NCvC-587-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-587-08/2021 (Mahkamah Tinggi)
Clause 4 of the BPA provided compensation contingent on Prasarana's continued and effectively permanent assumption of the loss‑making ferry operations; Prasarana returned the operations within the 3‑year period and executed the ARSPA which substituted/rescinded the BPA under s63 Contracts Act 1950, thereby extinguishing its entitlement to the RM30,000,000; payments accepted were without prejudice and did not create liability; therefore the 1st Defendant's counterclaim for RM30,000,000 fails.