Malaysia Case Law: Decisions & Judgments

ANANDAN A/L SINNAPPAN UMI KHADIJAH BINTI HARUN

Citation

NA-11BNCvC-3-07/2023 (Mahkamah Tinggi)

Court

High Court

Case number

NA-11BNCvC-3-07/2023 (Mahkamah Tinggi)

The court found the lease was amended to commence 1.9.2005 (signed 7.9.2005) and therefore expired 31.8.2021; the plaintiff wrongfully terminated the lease effective 30.4.2021 and was in breach. The defendant did not unlawfully remove the permanent building and was entitled under clause 15 to be compensated for construction cost; the defendant also proved loss of profits and alternative rental, so the magistrate erred in dismissing the counterclaim and awarding the plaintiff RM52,000.

6 Dec 2021

HSBC SOFTWARE DEVELOPMENT (M) SDN BHD (NO. SYARIKAT : 868501-P) 1. ) HSBC BANK MALAYSIA BERHAD (NO. SYARIKAT : 127776-V) 2. ) KUMPULAN HAMZAH-KWONG REALTY SDN. BHD. (NO. SYARIKAT : 197101000901 (11274-H)

Citation: WA-24NCVC-1509-09/2020 (Mahkamah Tinggi)
Court: High Court
Case number: WA-24NCVC-1509-09/2020 (Mahkamah Tinggi)

Where the tenant remained on the premises with the landlord's knowledge and consent for the specific purpose of carrying out restoration works requested by the landlord and supervised/approved by the landlord's agents, clause 7.29 governs and the landlord cannot impose double rent under clause 7.30; the landlord is limited to proportionate rent for the period or appropriate single‑month measure of loss and CCC is not a prerequisite to delivery of vacant possession; therefore the plaintiffs were entitled to the reliefs in the originating summons and repayment of the overpaid double rent.