Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Order 14a application
  • 6 Jun 2025

    KERRY LOGISTICS (M) SDN BHD POMELO FASHION MALAYSIA SDN BHD

    Citation
    WA-12ANCvC-211-12/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12ANCvC-211-12/2024 (Mahkamah Tinggi)

    Clause 12.1 permits either party to terminate the Service Agreement by sixty (60) days prior written notice without giving reasons, subject to express exceptions; the exceptions ('except specifically provided, as follows') refer to the special Events of Default in Clause 13 (and Clause 17 obligations) where shorter or immediate termination is justified (eg 14 working day remedy period or immediate termination on insolvency/government order). The Sessions Court's interpretation was correct and the appeal is dismissed.