Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Force majeure (covid-19)

Legal area

Court

25 Oct 2024

PDRM FC SDN. BHD. BLACKBIXON SDN. BHD.

Citation

BA-12B-72-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-72-07/2024 (Mahkamah Tinggi)

The High Court found the Sessions Court was plainly wrong: the Sponsorship Agreement and MSN receipt were admitted as Part A documentary evidence establishing the agreement and payment facts; the defendant failed to prove force majeure or breach by the plaintiff sufficient to justify termination or the counterclaim; accordingly the Sessions Court decision was set aside and the appellant’s appeal allowed with costs.
21 Jun 2024

PACKAGING SALES & SERVICE (M) SDN BHD KEJURUTERAAN PAKAT PERKASA SDN BHD

Citation

BA-12BNCvC-59-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-59-12/2023 (Mahkamah Tinggi)

Time remained of the essence; the first extension was agreed but subsequent proposed draft extensions were not accepted by the Plaintiff so no further agreed extension existed; delays after June 2020 were not excused by COVID‑19 and were not caused by the Defendant; therefore the Defendant validly terminated under s56(1) Contracts Act 1950 and is entitled to recovery of the full deposit; the Sessions Court erred in allowing only 20% repayment.