Mohd Khaizam Bin Kamisan (Berniaga Sebagai Melati Evergreen Enterprise (No. Pendaftaran: 1451923-u)) v Perbadanan Kemajuan Negeri Selangor (PKNS)
Catchwords
-It is trite that an unconditional and on demand bond cannot be restrained unless the beneficiary has acted fraudulently. -Whether the Plaintiff has a good case against the Defendant at Arbitration Proceedings, there are factors which has to be considered and in order to establish the Defendant’s liability evidences through witnesses at the Arbitration Proceedings must be exhausted. -There is no justification offered by the Plaintiff to substantiate its argument to show the Defendant’s act in calling for the PB is tainted with mala fide. -Plaintiff has failed to establish a prima facie case to warrant for the burden of proof to shift to the Defendant on the defence of unconscionability for calling on the PB.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-24carb-1-01-2025)