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 dated 14.7.2017 was a conditional acceptance expressly subject to CSR agreeing to and executing an SPA; no such agreement occurred, the bank satisfied its best endeavours obligation, the bank was not the registered owner and could not perform transfers, and the plaintiff accepted the refund banker’s cheque constituting accord and satisfaction; accordingly there was no binding contract with the defendant and specific performance and damages fail; claim dismissed with costs RM30000.