28 Mar 2022
THERMATEK SDN BHD TM GLOBAL MARINE SDN BHD
- Citation
- W-02(ADM)(W)-1103-05/2021 (Mahkamah Rayuan)
- Court
- ADM
- Case number
- W-02(ADM)(W)-1103-05/2021 (Mahkamah Rayuan)
The learned trial judge erred in law by failing to apply s.42 literally: once the respondent accepted full performance of the appellant's obligation by the third party (KPPS) the debt was extinguished and the appellant was discharged; a subsequent refund to KPPS does not revive the debt without the appellant's concurrence.