5 Sept 2022
Banda Industries Sdn Bhd Chai Lee Chin
- Citation
- BA-11ANCvC-10-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-11ANCvC-10-01/2022 (Mahkamah Tinggi)
The High Court held that although the IA operated as a written variation/compromise benefitting the plaintiff and justified a set-off of RM33,871.95 against the LAD, clause 2(vii) could not lawfully operate to contract out of statutory rights under the Housing Development legislation; accordingly the magistrate's summary judgment for the full LAD was varied and the defendant ordered to pay RM46,855.28. The plaintiff is estopped from recovering the full LAD but retains statutory entitlement net of incentives.