23 May 2023
BUDAYA YNS SDN BHD REMBAU GALIAN SDN BHD
- Citation
- NA-12BNCC-3-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-12BNCC-3-07/2022 (Mahkamah Tinggi)
On proper construction the Sand Excavation Agreements created a licence and agency relationship, not a transfer or other disposal of a Malay holding, and therefore did not contravene the Malay Reservation Enactment; the defendant breached its contractual duty to execute documents to obtain permits and therefore must return the RM200,000 security deposits to each plaintiff with interest at 5% p.a. from 1 March 2017; the court allowed the defendant's counterclaim for trespass but awarded only nominal damages of RM1,000 due to lack of evidence of actual loss; appeals otherwise dismissed and defe…