5 May 2020
CERATRADE (M) SDN BHD (NO. SYARIKAT : 201359 – A) SIME DARBY MELAWATI DEVELOPMENT SDN. BHD. (NO. SYARIKAT : 15228 – T)
- Citation
- BA-12BNCC-8-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCC-8-07/2019 (Mahkamah Tinggi)
The High Court affirmed the Sessions Court: the Letter of Undertaking did not create an unconditional obligation on the Defendant to pay the Plaintiff directly; it granted the Defendant an option to pay directly subject to terms and conditions (including BCSB consent and the existence of sums due from Defendant to BCSB); the trial judge's factual findings that no sums were due and that parties' conduct supported this interpretation were not wrongly decided and thus should not be disturbed.