5 Feb 2025
HRA TEGUH SDN. BHD. 1. ) GOLDIX RESOURCES SDN BHD 2. ) ADLIN SHAHARUDIN
- Citation
- WA-22NCvC-625-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-625-09/2020 (Mahkamah Tinggi)
Defendants failed to prove absence of Ministerial approval and did not call the Minister as the best witness; adverse inference was properly drawn under s114(g) Evidence Act; the Novation Agreement is an independent, enforceable contract under s38 Contracts Act and defects in the MDA, if any, affect only remedies against FIC not the Plaintiff; therefore Plaintiff's claim under the Novation and personal guarantee succeeds but damages were not awarded for lack of proof.