11 Jul 2024
Panzana Enterprise Sdn Bhd Turnpike Synergy Sdn Bhd
- Citation
- B-02(IM)(C)-517-03/2022 (Mahkamah Rayuan)
- Court
- IM
- Case number
- B-02(IM)(C)-517-03/2022 (Mahkamah Rayuan)
The Court held that s7 of the COVID‑19 Act operated to suspend the appellant's contractual obligations during the Act's operative period; because the Notice of Default and Notice of Termination were issued within that period they were null and void under s7, and a call on the bank guarantees issued under the underlying contract would be unconscionable — unconscionability being a recognised exception to the autonomy of unconditional guarantees — therefore the High Court's refusal to grant relief was overturned and the injunction/declarations sought were granted.