16 Jul 2024
HYPERWAVE SYSTEMS ENGINEERING SDN. BHD. USAHAWAN BERSAMA TEKNIK SDN. BHD.
- Citation
- Q-02(NCvC)(W)-2407-12/2021 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- Q-02(NCvC)(W)-2407-12/2021 (Mahkamah Rayuan)
The Court of Appeal affirmed the High Court: a valid binding contract existed as parties intended to be bound; the Plaintiff's amendments corrected agreed technical/typographical matters and did not constitute a counter-offer; alternatively the Defendant accepted the amended PO by conduct (initialling, meetings, follow-ups); the agreement was not illegal because the supply was downstream and the Plaintiff was PETRONAS licensed/registered so no statutory prohibition attached to the parties' contract; therefore the High Court judgment was correct and appeal dismissed.