20 May 2024
BANGSAR HILL MANAGEMENT SDN BHD 1. ) LIM KOK SENG 2. ) TAN CHOW HEE
- Citation
- WA-11BNCvC-79-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-11BNCvC-79-11/2023 (Mahkamah Tinggi)
The Magistrate erred in finding no mutual agreement. The Commissioner of Kuala Lumpur had power to contract under Act 190; the original tenure expiry was cured by a shareholders' resolution of 2.11.2017 and the Defendants' conduct (continuing to use services and making payments) demonstrated acceptance. Partial payments and failure to object to invoices amounted to admission and supported recovery. Therefore the appeal succeeds and the Plaintiff is entitled to recover outstanding maintenance charges and costs.