Mohd Khaizam Bin Kamisan (Berniaga Sebagai Melati Evergreen Enterprise (No. Pendaftaran: 1451923-u)) v Perbadanan Kemajuan Negeri Selangor (PKNS) (BA-24C(ARB)-1-01/2025)

High Court of Malaysia24 Feb 2025

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 24 Feb 2025
Case number: BA-24C(ARB)-1-01/2025
Coram: YA Puan Sumathi a/p Murugiah
Practice area: -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
Version: Alasan Penghakiman 1
Published: 14 May 2025
Source ID: 27c77480-8a7b-4bfe-bc6e-2d52273ad5de

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

Parties

Mohd Khaizam Bin Kamisan (Berniaga Sebagai Melati Evergreen Enterprise (No. Pendaftaran: 1451923-u)) - applicant - ejudgment_parties
Perbadanan Kemajuan Negeri Selangor (PKNS) - respondent - ejudgment_parties

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Catchwords