29 Mar 2022
EVERGREEN CORPORATE SDN BHD EXPORT-IMPORT BANK OF MALAYSIA BERHAD
- Citation
- WA-22M-265-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-265-07/2020 (Mahkamah Tinggi)
Plaintiff failed to prove on the balance of probabilities that all conditions precedent and additional conditions precedent were fulfilled by the time of termination; the Facility Agreement expressly made Defendant’s obligation conditional on full compliance and vested Defendant with an absolute contractual right to terminate under clauses 6.2 and 6.4 and upon expiry of the Availability Period; accordingly Defendant validly terminated and Plaintiff’s claim is dismissed.