28 Apr 2024
SEAN-LEE SDN BHD MUHAMMAD NUR HISYAM BIN CHE MAHMOOD
- Citation
- DA-24NCvC-266-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-24NCvC-266-08/2023 (Mahkamah Tinggi)
Because the parties had validly entered into and begun performance under the SPA (part payments and mutual conduct), the SPA was valid and binding; requirements for State Authority consent were conditions for completion (discharge/fulfilment) and not conditions precedent to formation, rendering the SPA a conditional agreement rather than void ab initio or a contingent contract; both parties committed contractual breaches arising from unclear drafting and failure to discharge encumbrances and to make scheduled payments; accordingly the plaintiff's application for a declaration that the SPA was…