16 Dec 2024
BETANAZ PROPERTIES SDN BHD AEON CO. (M) BHD PIHAK KETIGA Ahmad Zaki Resources Berhad PIHAK TERKILAN MUFG BANK (MALAYSIA) BERHAD
- Citation
- WA-22NCvC-121-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-121-03/2021 (Mahkamah Tinggi)
On the evidence and commercial construction of the agreements the court found AEON in breach and not entitled to treat the TA and CA as void for non-fulfilment of CPs; AZRB completed the bridge section required to serve the mall (CPC 25.09.2020) within government EOT; Betanaz validly terminated the tenancy and is entitled to recover wasted expenditure as alternative relief. AEON's counterclaim and challenge to the bank guarantee fail. Accordingly judgment for Betanaz on alternative wasted expenditure (RM18,678,255.27) entered; AEON to pay specified costs; counterclaim and BG suit dismissed.