23 Oct 2023
Central Sugar Refinery Sdn Bhd Holsten Marketing (M) Sdn Bhd
- Citation
- BA-22NCvC-156-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-156-04/2021 (Mahkamah Tinggi)
On the balance of probabilities the court found no credible contemporaneous evidence that CSR agreed to increase Holsten's credit limit to RM2,500,000; any alleged oral agreement was inherently improbable and, in any event, the sales director lacked authority to bind CSR on such a material change which only the CFO/management could approve. CSR validly stopped deliveries under the contract for Holsten's prolonged payment defaults (clause 10 and s32). Export deliveries required full payment and pre-shipment notice which Holsten never provided. Holsten failed to prove the asserted losses and ov…