THE PALACE OF JUSTICE CIVIL APPEAL NO. P-02-2074-2011 ...

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(a) The vendor agrees to supply the relevant toxic wastewater treatment plant if so required by the purchaser and the vendor shall use its best endeavours to supply same which shall comply with the relevant existing requirements of the Department of Environment BUT ALWAYS SUBJECT to the preconditions that there is full disclosure of all the chemicals used or to be used by the purchaser together with all other information and details to be submitted in the format as set out in the Sixth Schedule herein. (b) The purchaser hereby agrees to be solely and wholly responsible and liable for any failure or shortcomings or problems whatsoever in the treatment of the wastewater as a result of inaccurate or insufficient information and details provided by the purchaser to the vendor. In such an event, the vendor shall not be liable to any party in any way whatsoever and the purchaser shall not make any claims or take any action against the vendor in respect of same. (c) The purchaser further agrees and undertakes to utilize the relevant toxic wastewater treatment plant for discharge of wastewater and chemicals in the manner following all the prescribed conditions set 8
y the vendor failing which the vendor cannot be held liable for anything whatsoever. The sixth schedule to the SPA provides – SIXTH SCHEDULE In order to facilitate the effective treatment of wastewater in compliance with the requirement of the Department of Environment, the purchaser shall hereby provide true and accurate information in respect of the items specified hereafter:- (a) Nature of Industry. (b) Type of wastewater generated and the polluting agents it contained. (c) Volume of wastewater discharged/generated from your manufacturing process per hour. (d) Concentration of polluting agents (in detail). (e) Wastewater sources from manufacturing process. 9
Page 1 and 2: IN THE COURT OF APPEAL OF MALAYSIA
Page 3 and 4: Introduction Defendants (1) Rakyat
Page 5 and 6: (Rakyat Corporation Sdn Bhd) to be
Page 7: The Vendor shall do all acts and th
Page 11 and 12: developer proceeded to construct th
Page 13 and 14: (b) the refusal on the part of the
Page 15 and 16: architects for the project, resulti
Page 17 and 18: CFOs under the SPA. As the learned
Page 19 and 20: … speak, short circuiting the con
Page 21 and 22: 4 CLJ 508 (but see now the Federal
Page 23 and 24: The above proposition was cited wit
Page 25 and 26: From the evidence in this case, I f
Page 27 and 28: consequences. The case law authorit
Page 29 and 30: First one has to ask whether, as be
Page 31 and 32: which ought to negative, or to redu
Page 33 and 34: contemplate would be affected by hi
Page 35 and 36: ‘neighbourhood’ and that the si
Page 37 and 38: certainly owe a duty of care to the
Page 39 and 40: 128 ALR 163), New Zealand (for exam
Page 41 and 42: that the layout plan necessitated e
Page 43 and 44: Peculiarity of High Court’s Order
Page 45: Date of decision: 5 January 2012 Da

THE PALACE OF JUSTICE CIVIL APPEAL NO. P-02-2074-2011 ...

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