27 Sept 2022
Philippine Center for Print Excellence Foundation Inc. Corporate Information Travel Sdn Bhd
- Citation
- BA-A52NCvC-15-01/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BA-A52NCvC-15-01/2021 (Mahkamah Sesyen)
Defendant was the Plaintiff's booking agent who transferred payments to Fair Point/Azimut Hotel and had performed its contractual duty in making and paying for the room bookings; the operative contract for rooms was between Plaintiff and Azimut Hotel, not Defendant, Plaintiff accepted cancellation terms by conduct and failed to mitigate; there was no total failure of consideration or frustration of the booking such as to entitle refund from the Defendant, therefore claim against Defendant dismissed and costs awarded.