1. ) TRANSKON SDN BHD 2. ) YEE KIM MUN v GETO GLOBAL CONSTRUCTION TECH MALAYSIA SDN BHD
Catchwords
This court does not find that the Plaintiff had breached the terms of the Sale Contract dated 16.10.2020 as claimed by the 1st Defendant as 60 sets of SCP had been supplied by the Plaintiff as was found by the Learned Sessions Court Judge. Whether the variations were agreed by the parties and whether the Plaintiff’s claim was disputed by the 1st Defendant. This court is unable to agree with the 1st Defendant’s contention that the Learned Sessions Court Judge had erred in fact and in law in allowing this claim by the Plaintiff. Whether a Notice of Demand is required to be given to the 2nd Defendant. , there is no requirement for a demand to be made to the 2nd Defendant being the guarantor as he had taken himself to be the principal debtor despite there exist a on demand pre-requisite in the guarantee agreement. Whether a Penal Notice can be allowed for a purely monetary judgment. Learned Sessions Court Judge had erred in allowing the Penal Notice for a purely monetary judgment to be endorsed in the Judgment.
Practice Areas
This court does not find that the Plaintiff had breached the terms of the Sale Contract dated 16.10.2020 as claimed by the 1st Defendant as 60 sets of SCP had been supplied by the Plaintiff as was found by the Learned Sessions Court Judge. Whether the variations were agreed by the parties and whether the Plaintiff’s claim was disputed by the 1st Defendant. This court is unable to agree with the 1st Defendant’s contention that the Learned Sessions Court Judge had erred in fact and in law in allowing this claim by the Plaintiff. Whether a Notice of Demand is required to be given to the 2nd Defendant. , there is no requirement for a demand to be made to the 2nd Defendant being the guarantor as he had taken himself to be the principal debtor despite there exist a on demand pre-requisite in the guarantee agreement. Whether a Penal Notice can be allowed for a purely monetary judgment. Learned Sessions Court Judge had erred in allowing the Penal Notice for a purely monetary judgment to be endorsed in the Judgment.
Judges (1)
Case Significance
1. ) TRANSKON SDN BHD 2. ) YEE KIM MUN v GETO GLOBAL CONSTRUCTION TECH MALAYS... is a High Court (Mahkamah Tinggi) decision dated January 1, 2025 (citation: ba-12bc-10-08-2024). The case was decided by Sumathi a/p Murugiah.
What was the outcome of 1. ) TRANSKON SDN BHD 2. ) YEE KIM MUN v GETO GLOBAL CONSTRUCTION TECH MALAYS...?
1. ) TRANSKON SDN BHD 2. ) YEE KIM MUN v GETO GLOBAL CONSTRUCTION TECH MALAYS... is a High Court decision dated January 1, 2025. The case was heard by Sumathi a/p Murugiah. See the full judgment for details.