16 Aug 2022
Lim Beng Kuan Helms Geomarine Sdn. Bhd.
- Citation
- WA-22NCC-130-04/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-130-04/2022 (Mahkamah Tinggi)
The Court found the Commission Agreement unambiguous and binding, the Defendant produced no credible evidence of any variation making payment conditional on Dolphin's consent or on receipt of the retention sum, the Assignment Deed transferred rights to the Plaintiff and was notified to the Defendant, and the Defendant's counterclaim arose from a separate contract and did not raise a bona fide triable issue to defeat the partial summary judgment; accordingly partial summary judgment was granted for the commission on direct payments plus interest and costs.