KOPERASI PERMODALAN FELDA MALAYSIA BERHAD IMEJ PARKING SDN BHD

KOPERASI PERMODALAN FELDA MALAYSIA BERHAD IMEJ PARKING SDN BHD

Image Parking's concession regarding the RM306,240 claim removed any entitlement to set-off and, combined with the High Court's proven counterclaim of RM189,446.37, required Image Parking to pay Koperasi Felda that sum; the High Court's methodical rejection of Image Parking's occupancy calculation and its findings on liability for certificate of fitness were correct and not plainly wrong and are therefore affirmed.

Citation
B-02(NCvC)(W)-1190-07/2023 (Mahkamah Rayuan)
Parties
Appellant (in Appeal No.1190); Respondent (in Appeal No.1191): Koperasi Permodalan Felda Malaysia Berhad; Appellant (in Appeal No.1191); Respondent (in Appeal No.1190): Imej Parking Sdn Bhd
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
5 February 2025
Case Number
B-02(NCvC)(W)-1190-07/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Koperasi Felda's appeal allowed; Image Parking's appeal dismissed; High Court findings affirmed in material respects.
Legal Topics
Set Off, Occupancy Calculation, Certificate of Fitness (factories and Machinery Act), Loss of Profits, Contract Interpretation, Mechanical Parking Licensing
Source Language
Malay/English
Contract Property Regulatory/statutory Compliance Civil Procedure Set Off Occupancy Calculation Certificate of Fitness (factories and Machinery Act) Loss of Profits +2 more

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Parties

Koperasi Permodalan Felda Malaysia Berhad

Appellant (in Appeal No.1190); Respondent (in Appeal No.1191)

Imej Parking Sdn Bhd

Appellant (in Appeal No.1191); Respondent (in Appeal No.1190)

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Image Parking was entitled to compensation for alleged loss of profits during unlicensed periods for mechanical parking bays
  2. 2 Whether Image Parking was entitled to refund/readjustment of access payment due to occupancy rates below contractual threshold
  3. 3 Whether Koperasi Felda had established its counterclaims and the proper set-off calculation

Ratio Decidendi

Image Parking's concession regarding the RM306,240 claim removed any entitlement to set-off and, combined with the High Court's proven counterclaim of RM189,446.37, required Image Parking to pay Koperasi Felda that sum; the High Court's methodical rejection of Image Parking's occupancy calculation and its findings on liability for certificate of fitness were correct and not plainly wrong and are therefore affirmed.

Court Disposition

Koperasi Felda's appeal allowed; Image Parking's appeal dismissed; High Court findings affirmed in material respects.

Orders

  • Koperasi Permodalan Felda Malaysia Berhad's appeal allowed
  • Imej Parking Sdn Bhd's appeal dismissed