24 Jan 2022
LUXURY TERRACE SDN BHD KARAK LAND SDN BHD
- Citation
- WA-22NCvC-663-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-663-09/2019 (Mahkamah Tinggi)
Clause 1.2(c) was clear and unambiguous; Plaintiff applied for consent within the contractual window and was not in fault, default or neglect because the power to grant consent lay with the Estate Land Board and documentary/oral evidence showed Plaintiff acted; no pleaded implied term required additional follow up and Defendant failed to prove Plaintiff's default. Consequently condition precedent remained unfulfilled within six months and Plaintiff validly elected to terminate; Defendant's termination was invalid and Defendant may only retain the 2% sum specified in Clause 1.2(c) while the 8%…