23 Feb 2022
Saga Makmur Industri Sdn Bhd Choo Huat Sdn Bhd
- Citation
- AA-B52NCvC-18-04/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- AA-B52NCvC-18-04/2019 (Mahkamah Sesyen)
Defendant breached the contract by failing to take delivery of contracted steel bars; Plaintiff lawfully resold the goods and proved loss (price difference) and entitlement to legitimate late payment/holding charges and storage fees; suspension of projects did not amount to frustration because performance was not impossible; 'TBA' did not excuse indefinite non-acceptance and two months after purchase order was a reasonable period for delivery.