3 Mar 2022
SIT SENG & SONS REALTY SDN BHD (1) M. MOHAMED ALI (2) PARAMASIBAN A/L MAREMUTU
- Citation
- BK–A 52 NCVC–14–05/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BK–A 52 NCVC–14–05/2021 (Mahkamah Sesyen)
The court found credible triable issues on both the computation of percentage rent (including absence of disclosed methodology and failure to follow contractual procedures for estimation and penalties) and on the applicability of the force majeure clause (MCO/COVID‑19), and held these factual and contractual disputes preclude summary judgment; therefore the plaintiff’s O.14 application was dismissed and the matter set for trial.