CITIREKA TRADING SDN BHD KOPERASI SINAR JAYA BANDAR TENGGARA KULAIJAYA BERHAD

CITIREKA TRADING SDN BHD KOPERASI SINAR JAYA BANDAR TENGGARA KULAIJAYA BERHAD

Defendant's termination dated 24.1.2017 was invalid because documentary evidence and corroborated witness testimony established Defendant failed to fulfill contractual obligations to obtain permits and secure access, which prevented Plaintiff from performing; accordingly Plaintiff was entitled to compensatory...

Source-derived case information.

Citation
JA-22NCvC-146-09/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Citireka Trading Sdn Bhd; Defendant: Koperasi Sinar Jaya Bandar Tenggara Kulaijaya Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 November 2023
Case Number
JA-22NCvC-146-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Contract Dispute / Judgment (high Court)
Outcome
Plaintiff succeeds in part; termination by Defendant held invalid; Plaintiff awarded part of claimed damages.
Legal Topics
Breach of Contract, Termination, Damages, Credibility of Interested Witnesses, Permits and Access Obligations
Contract Law Evidence Civil Procedure Breach of Contract Termination Damages Credibility of Interested Witnesses Permits and Access Obligations

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Parties

Citireka Trading Sdn Bhd

Plaintiff

Koperasi Sinar Jaya Bandar Tenggara Kulaijaya Berhad

Defendant

Procedural Posture

Civil Contract Dispute / Judgment (high Court)

  1. 1 Whether the defendant validly terminated the contract dated 11.6.2012
  2. 2 Whether the defendant breached contractual obligations to obtain permits and provide access for sand extraction
  3. 3 Assessment of credibility and weight of an interested witness (former manager SP3) and corroborating documentary evidence

Ratio Decidendi

Defendant's termination dated 24.1.2017 was invalid because documentary evidence and corroborated witness testimony established Defendant failed to fulfill contractual obligations to obtain permits and secure access, which prevented Plaintiff from performing; accordingly Plaintiff was entitled to compensatory damages, interest and costs as assessed by the Court.

Court Disposition

Plaintiff succeeds in part; termination by Defendant held invalid; Plaintiff awarded part of claimed damages.

Orders

  • Declaration that termination notice dated 24.1.2017 is invalid
  • Damages awarded to Plaintiff in the sum of RM2771990.00