Malaysia Case Law: Decisions & Judgments

Topic

Severability

Legal area

Court

30 Sept 2021

THRIVE BUILD SDN BHD ANGSANA SETIA SDN BHD

Citation

WA-22C-26-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-26-03/2020 (Mahkamah Tinggi)

Court held Defendant breached the CSA repayment obligation and must pay bank interest as proven (RM89,230.28 after credit for excess payment); claim for final retention RM4,776,139 was premature and struck out for want of audited accounts (liberty to reinstitute); architect's LAD confirmation satisfied clause 4 and contractual LAD payable under the contracts was RM5,740,000 so Defendant must refund the difference RM2,760,000 from the provisional RM8,500,000 deduction; Defendant must pay admitted debt RM44,590.86; judgment entered for Plaintiff RM2,893,821.14 with 5% p.a. interest and costs RM…
16 Mar 2020

1. HENG SONG KHOON 2. RAKAN BERSATU SDN BHD 1. BHS INDUSTRIES BERHAD 2. BHS BOOK PRINTING SDN BHD 3. PUSTAKA SISTEM PELAJARAN SDN BHD 4. KOO THIAM YEN 5. KOO THIAM YOONG 6. DATO' LIM THIAM HUAT

Citation

WA-22NCVC-3-01/2016 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-3-01/2016 (Mahkamah Tinggi)

Clause 9 of the Term Sheet is void for uncertainty under s 30 Contracts Act 1950 and is severed; the remainder of the Term Sheet is enforceable; the 4th defendant held the disputed 7,296,800 shares on resulting trust for the plaintiffs/Harta Sistem and breached that trust and must account for profits; the termination of tenancy based on clause 9 was invalid; the 5th defendant is entitled to the agreed RM2,500,000 commission but not to set-off disputed shares without consent; the 6th defendant is entitled to RM293,118; conspiracy claim failed.

Malaysia Case Law

THRIVE BUILD SDN BHD ANGSANA SETIA SDN BHD

1. HENG SONG KHOON 2. RAKAN BERSATU SDN BHD 1. BHS INDUSTRIES BERHAD 2. BHS BOOK PRINTING SDN BHD 3. PUSTAKA SISTEM PELAJARAN SDN BHD 4. KOO THIAM YEN 5. KOO THIAM YOONG 6. DATO' LIM THIAM HUAT