4 Oct 2023
K.S. LEE ENERGY LLP TOYO INK GROUP BERHAD
- Citation
- WA-22NCvC-202-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-202-04/2023 (Mahkamah Tinggi)
Clause 4.2 conditions for payment were not satisfied because no defined Investors contributed equity and no debt finance was secured at Financial Close; when parties have expressly fixed payment conditions an express conditional success fee excludes recovery by quantum meruit, unjust enrichment or under Section 71; plaintiff offered no bona fide reason for failing to include the success fee claim in earlier Sessions Court proceedings so the claim is barred by the wider doctrine of res judicata; accordingly the suit is dismissed with costs.