Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Acceptance and counter-offer

Legal area

Court

19 Aug 2024

SIDHU BROTHERS TRANSPORT SDN. BHD. SIME DARBY AUTO CONNEXION SDN. BHD.

Citation

BA-12BNCC-23-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCC-23-11/2023 (Mahkamah Tinggi)

The Appellate Court affirmed the Sessions Court: the RM1,000 was a refundable pre-booking payment, not the 1% booking fee or 9% deposit specified in the Retail Customer Order; essential steps (hire-purchase approval, deposit/payment) required to form a binding contract were not completed, therefore no contract existed and no right to specific performance or damages arose; appeal dismissed and RM1,000 ordered refunded.
16 Jul 2024

HYPERWAVE SYSTEMS ENGINEERING SDN. BHD. USAHAWAN BERSAMA TEKNIK SDN. BHD.

Citation

Q-02(NCvC)(W)-2407-12/2021 (Mahkamah Rayuan)
Court

NCvC
Case number

Q-02(NCvC)(W)-2407-12/2021 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: a valid binding contract existed as parties intended to be bound; the Plaintiff's amendments corrected agreed technical/typographical matters and did not constitute a counter-offer; alternatively the Defendant accepted the amended PO by conduct (initialling, meetings, follow-ups); the agreement was not illegal because the supply was downstream and the Plaintiff was PETRONAS licensed/registered so no statutory prohibition attached to the parties' contract; therefore the High Court judgment was correct and appeal dismissed.