23 Feb 2020
JELAS KURNIA SDN BHD (NO.SYARIKAT: 799648-M) LOH YUEN SENG (NO. K/P: 640413-06-5773)
- Citation
- JA-22NCvC-223-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCvC-223-10/2018 (Mahkamah Tinggi)
Time was not of the essence under the JVA and, in any event, approvals were effectively obtained earlier than alleged; the conditional approval imposing one-building-per-lot materially changed the project and was an unforeseen event outside the Defendant's control that rendered the Project commercially impossible, thereby frustrating the JVA; the recorded conversation and its translation were inadmissible and unreliable; the Plaintiff failed to discharge its burden to prove entitlement to RM2,000,000. Therefore the claim is dismissed and costs awarded to the Defendant.