Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Settlement and accord
  • 2 Nov 2021

    LIFE PLAZA SDN BHD PASUKHAS CONSTRUCTION SDN BHD

    Citation
    WA-22C-22-03/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22C-22-03/2021 (Mahkamah Tinggi)

    The court found on the affidavit evidence that the building was completed in 2008 and placed in the plaintiff's possession and left vacant for years; the plaintiff failed to explain why inspection was not carried out before the May 2020 settlement and the mid‑December 2020 inspection raised suspicion about bona fides. Although the alleged latent defect might be triable, the plaintiff's conduct justified permitting the suit to proceed only on condition that the plaintiff secure the outstanding settlement balance, therefore the court ordered the plaintiff to deposit RM500,000 into an interest b…