14 Sept 2020
CORNERSTONE DEVELOPMENT SDN BHD XXXX
- Citation
- W-02(NCvC)(W)-2529-12/2017 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-2529-12/2017 (Mahkamah Rayuan)
Court of Appeal held clause 1.3.1(c) was clear: 'perimeter fence' meant a continuity of fencing all along both properties; respondent's erection of a non-continuous fence excluding public utilities was inconsistent with the SPA, produced a survey that reduced the agreed purchase price by c.40% and amounted to a breach going to the root of the contract. The termination by appellant after notice under clause 6.1(b) was lawful. High Court failed to apply contract construction principles and misappreciated evidence. Accordingly High Court judgment was set aside and judgment entered in terms of sp…