Tan Tien Seng & Anor V. Grobina Resorts Sdn Bhd (2)
- Citation
- Tan Tien Seng & Anor V. Grobina Resorts Sdn Bhd (2)
- Court
- Malaysian court
The defendant unilaterally constructed a 17th floor contrary to the SPA plans and schedules without written consent; such unilateral amendment was not shown to have been 'required by the Appropriate Authority', the defendant failed to call Appropriate Authority witnesses so s.114(g) applies, the deviation amounted to a fundamental breach going to the root of the contract under s.40 Contracts Act entitling plaintiffs to rescind and recover the sums claimed.