KIRANA EMAS SDN BHD v TUNG KOK SING

wa-22ncc-692-09-2023 High Court (Mahkamah Tinggi) 9 September 2025 • WA-22NCC-692-09/2023

Catchwords

refund-under a Share Sale Agreement-non-fulfilment of Conditions Precedent-the doctrine of business efficacy-a representation and/or warranty and/or implied term-Legal Effect of the non-fulfilment of a condition precedent-It is trite law that the non-fulfilment of a condition precedent will result in the contract being discharged, either automatically or at the election of one of the parties. A contract shall not take effect unless and until the condition precedent is fulfilled-When an agreement has an ‘entire agreement’ clause, it precludes the reception by the Court of any collateral promise so as to defeat the expressed intention of the parties contained in a contract. It also excludes claims of oral representations when such claims are contrary to expressed covenants in an agreement

Practice Areas

refund-under a Share Sale Agreement-non-fulfilment of Conditions Precedent-the doctrine of business efficacy-a representation and/or warranty and/or implied term-Legal Effect of the non-fulfilment of a condition precedent-It is trite law that the non-fulfilment of a condition precedent will result in the contract being discharged, either automatically or at the election of one of the parties. A contract shall not take effect unless and until the condition precedent is fulfilled-When an agreement has an ‘entire agreement’ clause, it precludes the reception by the Court of any collateral promise so as to defeat the expressed intention of the parties contained in a contract. It also excludes claims of oral representations when such claims are contrary to expressed covenants in an agreement

Judges (1)

Leong Wai Hong Delivered

Parties (2)

KIRANA EMAS Sdn Bhd Plaintiff Tung Kok Sing Defendant

Case Significance

KIRANA EMAS SDN BHD v TUNG KOK SING is a High Court (Mahkamah Tinggi) decision dated September 9, 2025 (citation: wa-22ncc-692-09-2023). The case was decided by Leong Wai Hong.

What was the outcome of KIRANA EMAS SDN BHD v TUNG KOK SING?

KIRANA EMAS SDN BHD v TUNG KOK SING is a High Court decision dated September 9, 2025. The case was heard by Leong Wai Hong. See the full judgment for details.