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Malaysia Case Law

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  • 20 Jan 2022

    SYNERGY SPECTACULAR SDN BHD DELEUM PRIMERA SDN BHD

    Citation
    WA-22NCVC-508-08/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCVC-508-08/2020 (Mahkamah Tinggi)

    Plaintiff repeatedly and continuously delayed delivery of goods causing a breach going to the root of the contract; defendant validly gave notice(s) making time of the essence and lawfully terminated under Purchase Order terms which superseded plaintiff's quotation; payment milestones required full delivery before 60% became due so plaintiff's invoices were not payable; defendant properly rejected late deliveries; defendant failed to prove entitlement to claimed rental costs and LAD was unconscionable in the circumstances, therefore plaintiff's claim is dismissed, declaration of lawful termin…