4 Dec 2024
FUI LIAN-KWONG HING SDN BHD TCT TRADING SDN BHD
- Citation
- BL-B52NCvC-34-09/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BL-B52NCvC-34-09/2022 (Mahkamah Sesyen)
The court held the questions posed were fact‑based not pure questions of law: clause 5.03 does not by wording constitute an agreed or liquidated damages clause for unexpired rent, the Plaintiff must prove loss and mitigation under s.74 Contracts Act 1950, and therefore the matter is unsuitable for summary determination under Order 14A or Order 33 r 2; the application is dismissed with costs RM1,000.00.