19 Jan 2023
VENTURE SKL SDN. BHD. GEONEX (M) SDN. BHD.
- Citation
- C-02(NCvC)(W)-438-03/2021 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- C-02(NCvC)(W)-438-03/2021 (Mahkamah Rayuan)
The Court of Appeal found the meeting minutes did not effect a mutual annulment of the 26/02/2016 Agreement; consequently the Agreement subsisted until replaced, the Respondent's 29/09/2016 notice amounted to a repudiatory breach, the Appellant validly rescinded and is entitled to compensatory damages under s.76 Contracts Act 1950; the High Court was wrong to infer suppression of evidence and to apply s.114(g) and erred in allowing the Respondent's counterclaim for storage charges.