BANK KERJASAMA RAKYAT MALAYSIA BERHAD v PRISMA BUMIRAYA SDN BHD
Catchwords
Civil Procedure — Pleadings — Amendment by submission — Whether new cause of action could be introduced in submissions — Plaintiff pleading simple breach of LOU but arguing contract of indemnity in submissions — Whether party bound by its pleadings. Contract — Letter of Undertaking — Interpretation — Whether document constituted a contract of indemnity or guarantee — Whether obligations survived termination of underlying facility — Contracts Act 1950, ss 77, 79. Contract — Construction of terms — Contra proferentem rule — Whether applicable where document prepared by one party — Whether ambiguity in LOU to be construed against plaintiff as drafter — Whether necessary to apply contra proferentem rule when the document is clear as to the intention of parties. Evidence — Interpretation of documents — Exclusion of extrinsic evidence — Plain language of document applying accurately to existing facts — Whether evidence admissible to show different meaning intended — Evidence Act 1950, s 94. Estoppel — Waiver by election — Failure to notify and terminate — Whether plaintiff's conduct in terminating facility without notifying defendant estopped subsequent claim under LOU — Whether unequivocal representation made. Words and Phrases — “to cover any deficit/shortfall on the instalment” — “to ensure payment of the instalment”
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22m-169-08-2021)