Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Waiver clause
  • 19 Dec 2024

    ASIANA DENTAL CARE SDN BHD LOKE KAM FOO

    Citation
    BA-24NCvC-2283-10/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24NCvC-2283-10/2024 (Mahkamah Tinggi)

    The plaintiff failed to give the two months' notice required by clause 3(e) and time was of the essence; there was no factual basis to invoke estoppel because the defendant did not habitually waive formal notice and the Tenancy Agreement's no waiver/entire agreement clauses barred such an equitable remedy; therefore the plaintiff forfeited the right to renew and the claim for declaration and specific performance failed.