27 Sept 2022
P Tree Holding Sdn Bhd 1. ) JPS Holdings Sdn Bhd 2. ) PH 385 Sdn Bhd
- Citation
- WA-22NCvC-499-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-499-07/2019 (Mahkamah Tinggi)
Plaintiff failed to discharge the burden to prove mutual mistake or fraud and produced no contemporaneous evidence or critical witnesses; the Novation Agreement validly novated Plaintiff's liabilities to PH 385 with assumption of liability constituting consideration; RM56,250,000 is treated as part of the Total Purchase Price under the Novation Agreement; no unjust enrichment established; claim dismissed and parties bound by the Novation Agreement.