25 Jun 2021
SUCCESSVIEW DEVELOPMENT SDN BHD (CO. NO.: 1056168-D) RHB BANK BERHAD (CO. NO.: 459073-A)
- Citation
- WA-22NCC-152-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-152-03/2020 (Mahkamah Tinggi)
Plaintiff failed to fulfil express conditions precedent for TL2 and TL3 (invoices older than six months), no written waiver existed, availability periods had expired and the bank reasonably and contractually exercised its discretion after reviews and valuer reports that the project was not viable; accordingly defendant was entitled to terminate the undrawn facilities and did not breach contract or duty of care.