30 Dec 2019
AZBANA DEVELOPMENT SDN BHD MAJLIS PERBANDARAN KEMAMAN
- Citation
- WA-21NCVC-63-06/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21NCVC-63-06/2017 (Mahkamah Tinggi)
Defendant’s purported second termination was invalid because the contractual instances permitting termination did not arise: the Shopping Complex was completed, MPK failed to exercise its option within the Option Period thereby triggering Plaintiff’s right to the Land, and MPK’s subsequent conduct (Redemption Agreement, proof of debt, communications and failure to act on court orders) affirmed the original agreement and gave rise to estoppel/legitimate expectation; public policy and insolvency arguments were unproven and frustration did not apply; accordingly Plaintiff proved entitlement to s…