10 Mar 2021
GASING POTENSI CONSTRUCTION SDN BHD 1. ) ABDUL HAKIM BIN JAAPAR 2. ) NORHIZZAN BINTI MEGAT HARUN 3. ) GCCP GRIDLAND SDN BHD
- Citation
- AA-12B-9-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-12B-9-03/2020 (Mahkamah Tinggi)
The Contract of Indemnity was enforceable; it did not nullify the statutory protection under the SOCSO Act because the Civil Law Act excludes SOCSO payments from damage assessment and enforcement of the indemnity does not defeat the SOCSO scheme's purpose; even if illegality were arguable, applying the Patel v Mirza considerations denial of Gridland's indemnity would not enhance SOCSO's purpose and would be a disproportionate intrusion on commercial freedom of contract, therefore Gasing must fully indemnify Gridland (appeal dismissed).