26 Feb 2020
TAN KIM ENG 1. LEE ENG KOK 2. LEE ENG LEONG 3. LEE LEE CHOO
- Citation
- 22NCVC-544-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCVC-544-10/2018 (Mahkamah Tinggi)
The phrase 'as is where is basis' in clause 11 referred to the legal status of the company (that it was wound up and in liquidation) at the time of the sale, not to an obligation to keep the company's assets intact until completion; disposal of JPOM's assets did not breach clauses 11.1 or 13.1.2; plaintiffs were not entitled to withhold scheduled payments and thereby breached the agreements; defendants were entitled to terminate and claim unpaid sums; the amounts claimed were not extravagant compared to actual loss and are allowable as reasonable compensation under s.75 Contracts Act 1950.