14 Nov 2023
1. ) LEMBAGA TABUNG HAJI 2. ) PREMIA CARDS SDN BHD ENCAP SDN BHD
- Citation
- W-01(NCvC)(W)-429-06/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-01(NCvC)(W)-429-06/2022 (Mahkamah Rayuan)
Court found parties had moved beyond original Debit Card SPA and, by clear conduct and admissions (including registration with MasterCard and BNM and emails/instructions), had effectively agreed variation toward Prepaid Card SPA; termination by LTH was therefore unlawful; expectation damages awarded based on Appellants' own projected figures submitted to BNM; Premia was a special purpose vehicle and veil could be lifted to hold LTH and Premia jointly and severally liable; exemplary damages were not justified and were set aside.