Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Variation by conduct

Legal area

Court

14 Nov 2023

1. ) LEMBAGA TABUNG HAJI 2. ) PREMIA CARDS SDN BHD ENCAP SDN BHD

Citation

W-01(NCvC)(W)-429-06/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

W-01(NCvC)(W)-429-06/2022 (Mahkamah Rayuan)

Court found parties had moved beyond original Debit Card SPA and, by clear conduct and admissions (including registration with MasterCard and BNM and emails/instructions), had effectively agreed variation toward Prepaid Card SPA; termination by LTH was therefore unlawful; expectation damages awarded based on Appellants' own projected figures submitted to BNM; Premia was a special purpose vehicle and veil could be lifted to hold LTH and Premia jointly and severally liable; exemplary damages were not justified and were set aside.
26 Oct 2023

SJS LOGISTICS (M) SDN. BHD MAYANG BAYUMAS SDN. BHD

Citation

AA-B52NCvC-13-03/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-B52NCvC-13-03/2019 (Mahkamah Sesyen)

The Quotation dated 5/11/2015 constituted the binding contract as defendants relied on account statements issued pursuant to it; the plaintiff's emailed statement and account showed acceptance of defendant's request to exclude two Volvo units (a variation by conduct) so plaintiff's recoverable balance was reduced to RM79,200; the defendant failed to prove its repair claims which were barred by the express "as is where is" term and were advanced as an afterthought without prior demand, therefore the counterclaim is dismissed.