29 Jul 2024
Grand Dynamic Builders Sdn Bhd KSK Land Sdn Bhd
- Citation
- WA-22C-32-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-32-05/2023 (Mahkamah Tinggi)
The AIS and annexed report formed part of scheme of arrangement material prepared by independent advisers and contained disclaimers; they did not constitute a clear, direct and unequivocal admission by the defendant. Material triable issues existed (set-off, pending arbitration, interpretation of PAM clause 25.4(d) and alleged duress) requiring viva voce evidence, therefore summary judgment and judgment on admission were inappropriate and both applications were dismissed with costs.