15 Aug 2023
XXXX 1. ) XXXX 2. ) MELATINI DEVELOPMENT SDN.BHD.
- Citation
- WA-22NCC-90-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-90-02/2020 (Mahkamah Tinggi)
The DMC and related CDTA expressly and by necessary implication made Aligan’s obligations to fund the Project and to pay the cash consideration conditional upon the execution and subsistence of the Privatisation Agreement; ADSB’s notice of termination was legally deficient and ADSB was not entitled to terminate; Aligan’s transfer of the AMC and MD shares without payment of the cash consideration was wrongful and those shares must be returned; because the Privatisation Agreement can no longer be secured, damages in lieu of specific performance are appropriate.