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2011 MarsdenLR 1526

COURT OF APPEAL PUTRAJAYA
KEJURUTERAAN BINTAI KINDENKO SDN BHD – Appellant
Versus
NAM FATT CONSTRUCTION SDN BHD & ANOR – Respondent


Petitioner Advocates:Dato Dr Cyrus Dass,Sanjay Mohanasundram,K Gobinath ,Respondent Advocate: N Rajentharan

Table of Content
1. evolving doctrine of unconscionability in law (Para 1 , 2 , 3 , 4 , 5)
2. case example illustrating unconscionability (Para 6)
3. background facts of the case (Para 7 , 8 , 9 , 10 , 11)
4. background and parties involved in contract (Para 20 , 21 , 22 , 23 , 24)
5. dispute and parties' arguments established (Para 26 , 27)
6. appellant's arguments against performance bond calls (Para 32 , 33 , 34 , 35)
7. court's reflections on legal principles (Para 37 , 38)
8. criteria and definition of unconscionability (Para 40 , 41 , 42)

[1] I am in full agreement with my learned brother Ramly Ali, JCA in his judgment which have coherently set out the facts of this appeal and the rationale which is applicable therein.

[2] The concept of unconscionability has steadily grown in stature and has had firm footholds in other jurisdictions.

[3] In the past, judicial pronouncements went the way of fraud as being the only ground, in seeking an injunction to restrain a call on a performance bond. However recent judicial pronouncements have confirmed that unconscionability has a place in such circumstances, as an additional ground.

[4] In my view, consonant with the principle as laid down by my le

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