SK INTERNATIONAL (M) SDN. BHD. v TALSU POLYMER TECHNOLOGY SDN. BHD.

wa-12bncvc-43-03-2024 High Court (Mahkamah Tinggi) 5 November 2024 • WA-12BNCvC-43-03/2024

Catchwords

Binding nature of MOU, breach of contract, frustration not proven, counterclaim dismissed. Defendant’s appeal dismissed. Decision of Sessions Court that MOU was legally binding affirmed. Defendant failed to secure the required licences, breaching its obligations. The Covid-19 pandemic did not frustrate the contract as delays predated the pandemic. The plaintiff validly terminated the MOU and was entitled to a refund of RM320,000. The defendant’s RM250,000 counterclaim was dismissed for lack of evidence.

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

SK INTERNATIONAL Sdn Bhd Appellant TALSU POLYMER TECHNOLOGY Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncvc-43-03-2024)