5 Feb 2024
1. ) Presto Supermarkets (Subang) Sdn Bhd [Business Registration No.: 938843-t] 2. ) Azrin @ Farah Azrin Binti Zuhdi [Identity Card No.: ] [Othman Hashim & Co 3. ) XXXX ATTIC HOLDINGS SDN BHD
- Citation
- B-02(NCvC)(W)-1248-07/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- B-02(NCvC)(W)-1248-07/2019 (Mahkamah Rayuan)
The Court upheld the High Court that Attic did not commit a fundamental breach or negligence sufficient to justify Presto's early termination; the directors' guarantee was valid and enforceable; reinstatement costs and unpaid rent and loss for unexpired term were recoverable; however double rent award was set aside because Presto had handed over physical possession (14 July 2015) and therefore was not 'holding over' under s.28(4) CLA despite failing to reinstate to bare state; Part C Beca report was inadmissible absent maker and primary evidence.