Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of development agreement

Legal area

Court

3 Jan 2022

IB BUILDERS SDN BHD 1. ) MISI ARMADA SDN BHD 2. ) TETUAN TEO & CHEW

Citation

DA-22NCC-1-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCC-1-02/2021 (Mahkamah Tinggi)

The court held that Clause 1.1(b) describing 'land costs' was not the sale price of the lands; the sale price was expressly set out in the letter of undertaking dated 7.10.2015 as RM20,000,000, the plaintiff had received payments in excess of that sum through various releases and payments, and therefore the plaintiff's claim was plainly and obviously unsustainable and an abuse of process warranting striking out under Order 18 r.19.
3 Jan 2022

IB BUILDERS SDN BHD 1. ) MISI ARMADA SDN BHD 2. ) TETUAN TEO & CHEW

Citation

DA-22NCC-1-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCC-1-02/2021 (Mahkamah Tinggi)

The court found as a matter of fact and contract interpretation that the sale price for the lands was RM20,000,000 as fixed by the Letter of Intent dated 7.10.2015 and that Clause 1.1(b's 'land costs' did not constitute the sale price. Documentary evidence of payments (court order payments, stakeholder disbursements and direct payments) established the Plaintiff had been paid the sale price (and in aggregate more than RM20,000,000). Therefore the Plaintiff's claim disclosed no reasonable cause of action and was 'plain and obvious' and was struck out under O.18 r.19.