26 Jun 2023
Imej Parking Sdn Bhd Koperasi Permodalan Felda Malaysia Berhad
- Citation
- BA-22NCvC-163-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-163-06/2020 (Mahkamah Tinggi)
Court held clauses construed to give commercial effect: profit sharing operated on monthly threshold RM110,000 with KPF 95% and IP 5%; both parties had joint obligation to obtain mechanical-bay licence and each materially contributed to absence of licence so neither could recover full loss; however contemporaneous documents and correspondence evidenced a binding compromise of RM306,240 in favour of plaintiff for mechanical bays; plaintiff failed to prove occupancy fell below contractual thresholds and failed other claims; defendant established unpaid rentals/profit/GST of RM189,446.37; net se…