14 Dec 2022
Sazean Development Sdn Bhd (Dalam Penggulungan) Era Jaya Development Sdn Bhd
- Citation
- WA-22NCvC-436-06/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-436-06/2021 (Mahkamah Tinggi)
Plaintiff satisfied the requirements of O.81 RC 2012; defendant failed to raise any triable issue because the Court of Appeal had set aside earlier High Court orders that supported the defendant's set-off and delivery claims, and because the plaintiff is in liquidation unilateral set-off by the defendant is impermissible and the proper course is to prove the LAD in liquidation; accordingly summary judgment was entered for the plaintiff, declaring termination of the SPA and granting relief in terms of enclosure 28 with costs.