Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Escrow release
  • 9 Jul 2024

    XXXX XXXX

    Citation
    WA-22C-5-01/2016 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22C-5-01/2016 (Mahkamah Tinggi)

    The court held the escrow sum was deposited for the sole purpose of enabling the parties to commence arbitration within one month as per the Consent Judgment; no arbitration was commenced and the specified period has long elapsed, therefore the court may exercise its inherent jurisdiction to make a consequential order releasing the escrow to the Defendant; separately, the fresh suit CS 76 sought to vary and relitigate settled matters under the Consent Judgment, amounted to abuse of process and disclosed no reasonable cause of action and was struck out.