1. ) TRI METAL MINING SDN. BHD. 2. ) MAHANG QUARRY SDN. BHD. 3. ) CHUNG NYAP YOON SDN. BHD. 1. ) HILMAN KUARI SDN BHD 2. ) JVC EMAS SDN BHD

1. ) TRI METAL MINING SDN. BHD. 2. ) MAHANG QUARRY SDN. BHD. 3. ) CHUNG NYAP YOON SDN. BHD. 1. ) HILMAN KUARI SDN BHD 2. ) JVC EMAS SDN BHD

Defendants materially breached both agreements by failing to obtain and maintain the statutory permits and approvals required by the contracts (no Form 4C for Plot A and no valid EIA for PT 388); under the Supplementary Agreement termination of one agreement caused the other to terminate; therefore plaintiffs validly terminated, plaintiffs proven losses recoverable as assessed, injunctions denied where plaintiffs had removed equipment, and defendants' counterclaim dismissed.

Citation
PA-22NCvC-207-09/2019 (Mahkamah Tinggi)
Parties
1st Plaintiff: Tri Metal Mining Sdn Bhd; 2nd Plaintiff: Mahang Quarry Sdn Bhd; 3rd Plaintiff: Chung Nyap Yoon Sdn Bhd; 1st Defendant: Hilman Quarry Sdn Bhd; 2nd Defendant: JVC Emas Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 September 2022
Case Number
PA-22NCvC-207-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Breach of Contract / Judgment After Full Trial
Outcome
Plaintiffs' termination of TMMSB and MQSB held valid; 1st and 2nd plaintiffs awarded specified sums; 3rd plaintiff's injunctions dismissed; defendants' counterclaim dismissed; costs awarded as ordered.
Legal Topics
Termination of Contract, Assessment of Damages, Mandatory and Prohibitory Injunctions, Statutory Permits and Approvals (form 4 C, Eia), Contractual Interpretation
Source Language
Malay/English
Contract Law Civil Procedure Administrative Law Remedies Termination of Contract Assessment of Damages Mandatory and Prohibitory Injunctions Statutory Permits and Approvals (form 4 C, Eia) +1 more

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Parties

Tri Metal Mining Sdn Bhd

1st Plaintiff

Mahang Quarry Sdn Bhd

2nd Plaintiff

Chung Nyap Yoon Sdn Bhd

3rd Plaintiff

Hilman Quarry Sdn Bhd

1st Defendant

JVC Emas Sdn Bhd

2nd Defendant

Procedural Posture

Civil Breach of Contract / Judgment After Full Trial

Legal Issues

  1. 1 Whether the TMMSB Agreement was validly terminated by the 1st plaintiff
  2. 2 Whether the MQSB Agreement was validly terminated by the 2nd plaintiff (including effect of Supplementary Agreement)
  3. 3 Whether defendants breached obligations to obtain statutory permits (Form 4C and EIA)

Ratio Decidendi

Defendants materially breached both agreements by failing to obtain and maintain the statutory permits and approvals required by the contracts (no Form 4C for Plot A and no valid EIA for PT 388); under the Supplementary Agreement termination of one agreement caused the other to terminate; therefore plaintiffs validly terminated, plaintiffs proven losses recoverable as assessed, injunctions denied where plaintiffs had removed equipment, and defendants' counterclaim dismissed.

Court Disposition

Plaintiffs' termination of TMMSB and MQSB held valid; 1st and 2nd plaintiffs awarded specified sums; 3rd plaintiff's injunctions dismissed; defendants' counterclaim dismissed; costs awarded as ordered.

Orders

  • Defendants ordered to pay RM823,430.15 to 1st plaintiff comprising RM377,294.84 mobilisation costs, RM298,661.72 operating costs, RM125,473.59 idling costs and RM22,000.00 deposits/other payments; interest at 5% per annum from date of filing to date of full settlement; costs RM30,000.00 subject to allocator fee.
  • 1st plaintiff's claim for RM212,725.24 for seized stockpile sand dismissed.