15 Apr 2024
TITIMAS SHIPPING & TRADING SDN BHD 1. ) EUSTACIA SOLUTIONS 2. ) FONG YEE LING 3. ) WONG KAI KANG
- Citation
- BA-22NCvC-285-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-285-07/2022 (Mahkamah Tinggi)
Defendants' failure to name a vessel and effect performance within the agreed laycan constituted a repudiatory breach/total failure of consideration entitling Plaintiff to treat the contract and Fixture Note as terminated and recover deposits; Defendants waived reliance on the arbitration clause by participating in court proceedings without seeking a stay; the defenses raised were afterthoughts and did not present triable issues, therefore summary judgment was appropriate.