Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Practical benefit doctrine
  • 2 Sept 2024

    KUALA DIMENSI SDN BHD PORT KELANG AUTHORITY

    Citation
    02(f)-7-04/2024(B) (Mahkamah Persekutuan)
    Court
    f
    Case number
    02(f)-7-04/2024(B) (Mahkamah Persekutuan)

    ADW 2 constituted a new agreement altering ADW 1 but contained no fresh consideration moving from KDSB to PKA; ADW 1, ADW 2 and NADW are separate contracts and must be construed separately; because ADW 2 lacked consideration it is void under the Contracts Act 1950 and estoppel cannot validate it, therefore the Court of Appeal's declaration of nullity was correct and the appeal is dismissed.