7 Dec 2023
URBAN DOMAIN SDN. BHD. PINS OSC & MAINTENANCE SERVICES SDN BHD
- Citation
- W-03(IM)(NCC)-69-07/2022 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-03(IM)(NCC)-69-07/2022 (Mahkamah Rayuan)
The Court held that the liability period is governed by Clause 8.1.1 of the Management Agreement and the Liability Judgment (i.e. from 21.5.2007 until the expiry of the Licence Period stated in the last Work Order). The High Court erred in limiting the period by reference to PINS OSC's winding‑up because the issue was not properly raised on appeal and PINS cannot rely on the company's winding‑up to curtail its contractual liability it had already accepted on appeal; only MCMC priority payments are deductible. Consequence: the Registrar's Order is reinstated (as amended by the plaintiff) and t…