27 Oct 2023
PD PARADE VILLAGE SDN. BHD. MARITIME INTERNATIONAL GATEWAY SDN. BHD.
- Citation
- NA-22NCvC-54-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-22NCvC-54-11/2021 (Mahkamah Tinggi)
On the balance of probabilities the defendant breached fundamental contractual obligations (failure to obtain approvals within agreed periods, failure to commence and complete works within five years, failure to pay agreed sums and to comply with authority conditions), those breaches entitled plaintiff to terminate the JVA; defendant's force majeure and vacant possession defences were rejected as self‑induced or unproven; defendant's counterclaim lacked documentary proof; accordingly judgment for plaintiff with declarations and costs (RM30,000) was proper.