12 May 2022
BAGAI BUDI SDN BHD Kerajaan Malaysia
- Citation
- WA-21NCvC-4-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21NCvC-4-01/2020 (Mahkamah Tinggi)
Clause 36 was invalid and inapplicable because the Defendant failed to specify the required factual reason for conditional termination and the clause attempted to oust judicial remedies in breach of section 29 Contracts Act 1950; accordingly the termination was void and the Plaintiff is entitled to expected contract revenue to the contract's end and to proven special damages for upgrades and temporary closure.