23 Jan 2025
EVERGREEN CORPORATE SDN BHD EXPORT-IMPORT BANK OF MALAYSIA BERHAD
- Citation
- W-02(MUA)(W)-748-04/2022 (Mahkamah Rayuan)
- Court
- MUA
- Case number
- W-02(MUA)(W)-748-04/2022 (Mahkamah Rayuan)
The appellant had not satisfied all contractual conditions precedent within the agreed one-month period; the Facility Agreement expressly conferred on EXIM Bank an absolute, time-independent right to terminate if conditions precedent remained unfulfilled and contained a non-waiver clause; there was no clear, unequivocal representation or reliance to support estoppel or waiver by conduct; therefore termination was lawful and the High Court's dismissal was correct.