17 Jul 2020
MULPHA INTERNATIONAL BERHAD 1. ) MULA HOLDINGS SDN BHD 2. ) BESTARI SEPANG SDN BHD 3. ) SPANSTEAD SDN BHD 4. ) SERI EHSAN (SEPANG) SDN BHD
- Citation
- 22NCVC-57-01/2015 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCVC-57-01/2015 (Mahkamah Tinggi)
The court held on the balance of probabilities that the written SSA and SA represented the complete contractual bargain; the alleged oral collateral agreements were not admissible to vary the written agreements and were not proved; the SA automatically terminated on 15.12.2013 for non‑payment and Mulpha's rights (PA, lien, right to payment of RM301,506,429 with interest) revived; s.132G was not made out on the evidence and the counterclaim was time‑barred; judgment entered for Mulpha in terms of its pleaded reliefs and counterclaim dismissed with costs.