19 Jan 2023
TAN CHONG BOON 1. ) LIM TEIK YIN 2. ) WONG JEE MENG
- Citation
- BA-22NCvC-180-04/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-180-04/2018 (Mahkamah Tinggi)
The written documents (PPS, PJI and the advance agreement) are inter-related and to be read as a single contractual arrangement; defendants who signed the guarantee agreements are bound by them absent fraud or misrepresentation; oral purported waiver is inadmissible under Section 92 and clause 21.6 which requires written waiver; on the balance of probabilities no valid waiver was proven, therefore defendants are liable for the advance and plaintiff's claims succeed.