12 Mar 2021
KHAIRI CONSULT SDN. BHD. (Co. No.: 460372-M) GJ RUNDING SDN. BHD. (Co. No.: 442876-T)
- Citation
- BA-12AC-9-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12AC-9-09/2020 (Mahkamah Tinggi)
Clause 9 is a conditional payment provision and is void under s35 CIPAA; ss91-92 Evidence Act bar reliance on extrinsic material to vary the written contract; alternatively defendant is estopped by its conduct (prior payments and payment vouchers); wayleave was obtained and defendant breached its obligation to pay within a reasonable time under s47 Contracts Act; no triable issue existed and Sessions Court's summary judgment was correctly granted, therefore appeal is dismissed with costs.