30 Aug 2022
TAI BOON TAT 1. ) KUWAIT FINANCE HOUSE (MALAYSIA) BERHAD 2. ) CORNER SIDE REALTY SDN BHD 3. ) B.U. DEVELOPMENTS SDN BHD
- Citation
- WA-22NCvC-850-12/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-850-12/2018 (Mahkamah Tinggi)
The Bank's letter of 14.7.2017 was a conditional, 'subject to contract' acceptance requiring CSR to execute a formal SPA with the plaintiff; no consensus ad idem or binding contract arose between plaintiff and defendant (or between plaintiff and CSR) because CSR refused to sign, the Bank had taken all reasonable steps required by its 'best endeavours' obligation, and the defendant's refund of the earnest deposit which the plaintiff accepted and cleared constituted accord and satisfaction extinguishing further claims; accordingly plaintiff's claims dismissed with costs.