Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Wrongful termination of contract

Legal area

Court

15 Mar 2024

ROOM 6 MUSIC SDN BHD CHUA ZHUA YI

Citation

WA-22NCvC-596-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-596-10/2022 (Mahkamah Tinggi)

The plaintiff admitted at trial that it failed to produce the contractual minimum (one album of at least three songs per year); that admission established breach entitling the defendant to terminate under clause 11.2, rendering clause 11.3 inapplicable and validating the defendant's termination.
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.