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HIGH COURT MALAYA SHAH ALAM
LA LEISURE PTY LTD – Appellant
Versus
SABRECRAFT MARINE SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. formation of agreement (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. applicable law (Para 8 , 9) |
| 3. timeline for vessel construction (Para 10 , 11) |
| 4. contractual terms on delays (Para 12 , 13 , 14) |
| 5. modification and extent of changes (Para 15 , 16 , 17) |
| 6. waiver of contractual clauses (Para 18 , 19 , 20) |
| 7. determining reasonable delay (Para 21 , 22 , 23) |
| 8. assessment of delay events (Para 25 , 27 , 28 , 29 , 30 , 31) |
| 9. justification for halting construction (Para 39 , 40 , 41) |
| 10. breach of contract (Para 62 , 63 , 64 , 70) |
| 11. authority for vessel sale (Para 75 , 76 , 78) |
| 12. guarantor liability analysis (Para 84 , 86) |
| 13. summary of judgment conclusions (Para 106 , 122) |
Introduction
[1] On 1 March 2017, after a period of pre-contractual negotiations, the Plaintiff and the 1st Defendant entered into an agreement for the construction of a new vessel ("Agreement"). The subject vessel was identified as "Build Number: 002, Hull Identification No AU-SBR 125120617" ("Vessel").
[2] The Agreement contained the terms governing the relationship between the parties. The parties included the 3rd Defendant who signed on behalf of the 1st Defendant and also in his personal
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