16 Jan 2020
CENTURY SOFTWARE (MALAYSIA) SDN. BHD. (Company No.: 445590-U) PEMBANGUNAN SUMBER MANUSIA BERHAD (Company No.: 545143-D)
- Citation
- WA-22NCVC-453-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-453-07/2019 (Mahkamah Tinggi)
The LOA and its preamble and express terms (Paragraph 1 and Paragraph 14) unambiguously made the appointment conditional on execution of a definitive agreement within 60 days; no definitive agreement was executed nor was an extension agreed, the LOA terminated automatically, emails demonstrate ongoing drafting rather than mutual finalisation, plaintiff knowingly accepted the risk and agreed to bear costs and indemnify defendant, estoppel does not apply; therefore the statement of claim disclosed no reasonable cause of action and must be struck out.