10 Jun 2022
URBAN DOMAIN SDN. BHD. 1. ) PINS OSC & MAINTENANCE SERVICES SDN BHD 2. ) PERAK INTEGRATED NETWORK SERVICES SDN BHD 3. ) XXXX
- Citation
- 22NCC-1041-07/2012 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCC-1041-07/2012 (Mahkamah Tinggi)
The Deputy Registrar's period was varied: maintenance fees are recoverable from 21.05.2007 (Management Agreement date) up to 27.10.2016 (date of PINS OSC winding up). The court held that while Clause 8.1.1 contemplates the period tied to AWOs, the compensatory principle and the fact of the company’s winding up meant damages cannot be claimed beyond the date PINS OSC was wound up; res judicata and estoppel did not bar PINS from relying on the winding up and there was no evidence PINS caused the winding up.