12 Sept 2022
Arrow Express (M) Sdn Bhd Majlis Bandaraya Shah Alam
- Citation
- BA-22NCVC-178-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCVC-178-04/2021 (Mahkamah Tinggi)
Court held the 1st Tenancy was validly terminated under express clause allowing 30 days landlord termination; the 2nd Tenancy was wrongfully terminated because no contractual right to early termination by landlord and Defendant failed to prove default or insolvency; Plaintiff is estopped under s116 from denying Defendant's capacity to let so misrepresentation/refund claims fail; damages recoverable are limited to losses caused by wrongful termination under s74 and were assessed at RM48,000 plus interest and costs RM20,000.