Syruz Corporation Sdn Bhd v Kerajaan Malaysia
Catchwords
This action seeks to recover damages from the defendant for its alleged wrongful termination of the National Service Training Programme ("PLKN") contract ("Main Contract"), which the defendant entered into with the plaintiff. There is a dispute over the interpretation of the Main Contract, specifically Clause 36. The defendant is using this clause to terminate the contract on the grounds of national interests, thus causing the plaintiff to file this action. As a basis for its case, the plaintiff argues that the defendant has failed to prove that the Main Contract was terminated in accordance with Clause 36, thereby making such termination unlawful. According to the plaintiff, Clause 36 is void under s. 29 of the Contracts Act 1950. The Court finds that, given the facts in Kerajaan Malaysia v PDS Training Camp Sdn Bhd (supra) are substantially similar to those before the Court, as both involve the termination of a PLKN contract under Clause 36, this decision clearly binds this Court. In light of this, the plaintiff's argument that Clause 36 is void under s. 29 of the Contracts Act 1950 lacks merit. In light of the above, the plaintiff’s action is therefore dismissed with costs.
Judgment
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Read on eJudgmentSource: eJudgment (wa-21ncvc-71-10-2024)