PUSAT GERAK PAMER SDN. BHD. YUNDA EXPRESS SDN. BHD.

PUSAT GERAK PAMER SDN. BHD. YUNDA EXPRESS SDN. BHD.

On the facts and evidence the appellant (landlord) unlawfully restricted the respondent's access to the leased public bonded warehouse and imposed an extraneous requirement (a Customs confirmation letter) not contained in the lease; the respondent was not shown to be the importer/consignee of the seized containers and thus not responsible for customs irregularities; therefore the landlord breached the Tenancy Agreement, the tenancy was effectively terminated by the landlord's conduct and the respondent is entitled to recovery of deposits, refund of April 2020 rent and damages for loss proved; the appellant's counterclaims fail for lack of pleaded and proven material facts.

Citation
BA-12B-112-12/2022 (Mahkamah Tinggi)
Parties
Appellant / Landlord / Defendant in Original Suit: Pusat Gerak Pamer Sdn Bhd; Respondent / Tenant / Plaintiff in Original Suit: Yunda Express Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 June 2023
Case Number
BA-12B-112-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appellate Hearing on Appeal From Sessions Court Judgment
Outcome
Appeal dismissed
Legal Topics
Tenancy Agreement, Breach of Contract, Quiet Enjoyment, Access to Leased Premises, Damages, Forfeiture of Deposit, Pleading Requirements, Appellate Review, Adverse Inference, Customs Declarations
Source Language
Malay/English
Contract Property (tenancy) Customs Law Civil Procedure Commercial Law Tenancy Agreement Breach of Contract Quiet Enjoyment +7 more

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Parties

Pusat Gerak Pamer Sdn Bhd

Appellant / Landlord / Defendant in Original Suit

Yunda Express Sdn Bhd

Respondent / Tenant / Plaintiff in Original Suit

Procedural Posture

Civil Appeal / High Court Appellate Hearing on Appeal From Sessions Court Judgment

Legal Issues

  1. 1 Whether the landlord/appellant or the tenant/respondent breached the Tenancy Agreement dated 2-3-2018
  2. 2 Whether the landlord unlawfully prevented the tenant from accessing the leased public bonded warehouse
  3. 3 Whether inaccurate customs declarations by third parties vitiated the tenant's rights under the lease

Ratio Decidendi

On the facts and evidence the appellant (landlord) unlawfully restricted the respondent's access to the leased public bonded warehouse and imposed an extraneous requirement (a Customs confirmation letter) not contained in the lease; the respondent was not shown to be the importer/consignee of the seized containers and thus not responsible for customs irregularities; therefore the landlord breached the Tenancy Agreement, the tenancy was effectively terminated by the landlord's conduct and the respondent is entitled to recovery of deposits, refund of April 2020 rent and damages for loss proved; the appellant's counterclaims fail for lack of pleaded and proven material facts.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of RM8,000.00 to respondent subject to fi alokatur