IMEJ PARKING SDN BHD KOPERASI PERMODALAN FELDA MALAYSIA BERHAD

IMEJ PARKING SDN BHD KOPERASI PERMODALAN FELDA MALAYSIA BERHAD

Image Parking's concession regarding the RM306,240 award removed the basis for a set-off in its favour; independently, the trial judge correctly found Koperasi Felda proved unpaid guaranteed rental and profit sharing totalling RM189,446.37 through admissions and evidence. The trial judge's factual findings on occupancy methodology, lack of proven loss from unlicensed mechanical bays, and apportionment of legal responsibility under the Factories and Machinery Act were not plainly wrong and therefore affirmed; accordingly Koperasi Felda's appeal is allowed and Image Parking's appeal is dismissed.

Citation
B-02(NCvC)(W)-1191-07/2023 (Mahkamah Rayuan)
Parties
Appellant (in One Appeal); Respondent (in the Other): Koperasi Permodalan Felda Malaysia Berhad; Appellant (in One Appeal); Respondent (in the Other): Imej Parking Sdn Bhd
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
5 February 2025
Case Number
B-02(NCvC)(W)-1191-07/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Judgment at Court of Appeal (appeal Heard and Decided)
Outcome
Appeal by Koperasi Permodalan Felda Malaysia Berhad allowed; appeal by Imej Parking Sdn Bhd dismissed; trial judge's factual findings and methodology affirmed in all material respects.
Legal Topics
Set Off, Contract Interpretation, Occupancy Calculation Methodology, Profit Sharing, Certificate of Fitness (factories and Machinery Act 1967), Mechanical Parking Licensing, Appeal Standard (plainly Wrong)
Source Language
Malay/English
Contract Law Commercial Law Property Law Regulatory Law (safety/compliance) Evidence and Appellate Review Set Off Contract Interpretation Occupancy Calculation Methodology +4 more

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Parties

Koperasi Permodalan Felda Malaysia Berhad

Appellant (in One Appeal); Respondent (in the Other)

Imej Parking Sdn Bhd

Appellant (in One Appeal); Respondent (in the Other)

Procedural Posture

Civil Appeal (court of Appeal) / Judgment at Court of Appeal (appeal Heard and Decided)

Legal Issues

  1. 1 Whether Image Parking's concession regarding RM306,240 affected entitlement and set-off calculations
  2. 2 Whether the High Court correctly allowed Koperasi Felda's counterclaim of RM189,446.37
  3. 3 Whether Image Parking proved loss of profits from unlicensed mechanical bays

Ratio Decidendi

Image Parking's concession regarding the RM306,240 award removed the basis for a set-off in its favour; independently, the trial judge correctly found Koperasi Felda proved unpaid guaranteed rental and profit sharing totalling RM189,446.37 through admissions and evidence. The trial judge's factual findings on occupancy methodology, lack of proven loss from unlicensed mechanical bays, and apportionment of legal responsibility under the Factories and Machinery Act were not plainly wrong and therefore affirmed; accordingly Koperasi Felda's appeal is allowed and Image Parking's appeal is dismissed.

Court Disposition

Appeal by Koperasi Permodalan Felda Malaysia Berhad allowed; appeal by Imej Parking Sdn Bhd dismissed; trial judge's factual findings and methodology affirmed in all material respects.

Orders

  • Allow Appeal No. B-02(NCvC)(W)-1190-07/2023 (Koperasi Felda)
  • Dismiss Appeal No. B-02(NCvC)(W)-1191-07/2023 (Imej Parking)