11 Dec 2019
NG SAU FOONG (NRIC NO.: 771123-08-5573) 1.Rhombus Food & Lifestyle Sdn Bhd (Company No.: 1031364-U) 2.Rhombus Connexion Sdn Bhd (Company No.: 1147405-K)
- Citation
- WA-12BNCC-16-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCC-16-06/2019 (Mahkamah Tinggi)
The appellate court allowed the appeal, holding that the trial judge erred in discounting unobjected oral and documentary evidence of an agreed variation/waiver of clause 5.1.1(a); clause 12.8 did not bar the oral variation in the circumstances and respondents were estopped from enforcing the anti-oral variation clause; there was no actionable misrepresentation because the board relied on EBITDA not the disputed profit figure; termination was unlawful and appellant entitled to retain the RM600,000 non-refundable earnest deposit.