12 Sept 2019
EMERCON BINA SDN BHD KUMPULAN PRASARANA RAKYAT JOHOR SDN BHD
- Citation
- J-02(NCVC)(W)-330-02/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- J-02(NCVC)(W)-330-02/2018 (Mahkamah Rayuan)
The Court held that oral collateral assurances together with pleaded implied terms and admissions imposed on the defendant a contractual obligation to apply for and procure surrender and re-alienation; the defendant failed to take reasonable positive steps (including appealing to the Menteri Besar or negotiating with Johor Corp), the subsequent transfer of the Project Land was a self‑induced act and did not amount to frustration, the Deed of Settlement constituted acknowledgement of liability and preserved the claim, and the plaintiff proved loss of profits of RM50,215,120.00 which should be…