26 Nov 2019
PACIFIC SANCTUARY HOLDINGS SDN BHD (formerly known as IDEAL PRESTIGE SDN BHD) MASALAND CONSTRUCTION SDN BHD
- Citation
- S-02(IM)-2016-10/2018 (Mahkamah Rayuan)
- Court
- IM
- Case number
- S-02(IM)-2016-10/2018 (Mahkamah Rayuan)
The Court allowed the appeal, holding that the Plaintiff failed to provide any explanation for enforcing judgments after more than six years as required by Order 46 r.3; the Settlement Agreement of 28.5.2012 superseded and extinguished the prior judgments and orders, Clause 3 did not apply because the cash payment was made and Clause 8 permitted charging/assignment of the contra units, and therefore the High Court (learned JC) erred in granting leave to execute; the Plaintiff's remedy is to sue on the Settlement Agreement if there is an alleged breach.