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
-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.
Judges (1)
Case Significance
Mohd Khaizam Bin Kamisan (Berniaga Sebagai Melati Evergreen Enterprise (No. P... is a High Court (Mahkamah Tinggi) decision dated February 23, 2025 (citation: ba-24carb-1-01-2025). The case was decided by Sumathi a/p Murugiah.
Key issues: -It is trite that an unconditional and on demand bond cannot be restrained unless the beneficiary has acted fraudulently..
What was the outcome of Mohd Khaizam Bin Kamisan (Berniaga Sebagai Melati Evergreen Enterprise (No. P...?
Mohd Khaizam Bin Kamisan (Berniaga Sebagai Melati Evergreen Enterprise (No. P... is a High Court decision dated February 23, 2025. The case was heard by Sumathi a/p Murugiah. See the full judgment for details.