EXCELJAYA ENGINEERING SDN. BHD. v E & L ENGINEERING SDN. BHD.

wa-12bncvc-137-10-2023 High Court (Mahkamah Tinggi) 5 June 2024 • WA-12BNCvC-137-10/2023 • 10 min read

2 cases cited (0 SG, 2 foreign)

Catchwords

Inordinate delay by a party in alleging duress in the signing of an agreement would be held against that party – A party who enters into a further agreement based on the position stated in an earlier agreement is barred from asserting that the earlier agreement was entered into under duress – Respondent’s claim based on agreement prepared by the Appellant – Appellant ought to know truth of contents of agreement that it prepared for the Respondent to sign – Parties are bound by terms of contract unless there are vitiating elements such as fraud, mistake, duress or undue influence – Binding effect of a contract that a person signs voluntarily – Signature is irrefutable evidence of his assent to the whole contract unless duress proven

Judges (1)

Gan Techiong Delivered

Counsel (6)

Anantha Krishnan Firm Armiy Rais Firm Anantha Krishnan Counsel Respondent Eng Yi Wang Counsel Appellant Farhanah Jahn Counsel Respondent Ong Swee Long Counsel Appellant

Parties (2)

E & L ENGINEERING Sdn Bhd Respondent EXCELJAYA ENGINEERING Sdn Bhd Appellant

Cases Cited (2)

UK (1)

[1934] 2 KB 394

MY (1)

[2000] 8 CLJ 317

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncvc-137-10-2023)