14 Sept 2021
Dato' Khor Wooi Chen METRO SUPPLIES MARKETING SDN BHD
- Citation
- P-02(NCvC)(W)-2369-12/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- P-02(NCvC)(W)-2369-12/2019 (Mahkamah Rayuan)
The Court of Appeal allowed the appeal in part, holding that the Tripartite Agreement did not impose liability on D2 for RPGT or for the RM1,000,000 difference where the respondent sold the property to a third party before the five-year repurchase period; the respondent's premature sale frustrated the TA and limited D2's liabilities. D2 remained liable under the TA as guarantor/indemnifier for rental arrears only for the period the lease subsisted (limited to 15 months), and the High Court orders were set aside except for awards on insurance and rental loss of RM600,000; interest at 5% was ma…