18 May 2021
OBATA AMBAK HOLDINGS SDN BHD PREMA BONANZA SDN BHD
- Citation
- WA-22NCVC-305-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-305-06/2020 (Mahkamah Tinggi)
Although Ang Ming Lee establishes that Schedule H cannot be varied and that Reg 11(3) is unlawful, the plaintiffs’ actions were dismissed because (1) the challenge to an EOT is predominantly public law and required judicial review with necessary parties (Minister/Controller) joined, (2) the contractual causes of action were time-barred under the Limitation Act as they accrued at breach (date of SPA), and (3) plaintiffs in two suits were estopped by prior settlement letters from re‑litigating LAD claims.