HIGH COURT MALAYA KUALA LUMPUR
KENANGA INVESTORS BERHAD – Appellant
Versus
IMPIANA SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. breach of subscription agreements established. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. undisputed facts and defenses identified. (Para 10 , 11) |
| 3. contractual obligations define redemption legality. (Para 19 , 20 , 21 , 22 , 23 , 26 , 29) |
| 4. plaintiff entitled to liquidated damages. (Para 39 , 40 , 41 , 43) |
| 5. correspondence deemed without prejudice and inadmissible. (Para 44 , 48 , 49 , 52) |
| 6. court rules in favor of the plaintiff. (Para 54) |
A. Introduction
[1] This plaintiff filed this action for breach of subscription agreements that it had entered with the defendants.
[2] After a full trial, the court allowed the plaintiff's claim. The reasons for the decision are set out below.
B. Background Facts
[3] The plaintiff and the defendants entered into a subscription agreement dated 5 March 2019 ("SA") and a supplemental subscription agreement dated 13 March 2019 ("First Supplemental SA"), pursuant to which the 1st defendant agreed to allot and issue to the plaintiff, and the plaintiff agreed to subscribe to 17,640,000 redeemable preference shares ("RPS 1") at an issue price of RM1.00 per RPS.
[4] The parties thereafter entered into the following suppleme
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