12 Dec 2024
LANGSAT MARINE TERMINAL SDN. BHD. NKGBS MALAYSIA SDN. BHD.
- Citation
- JA-22NCvC-101-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCvC-101-07/2021 (Mahkamah Tinggi)
Defendant failed to prove frustration or force majeure; no evidence pandemic rendered performance impossible and defendant's difficulties were financial and pre‑existing; misrepresentation claim failed because lease was on 'as is where is' basis and tenant responsible for approvals; the agreement constituted a tenancy for a fixed initial term with renewal options and did not contravene the National Land Code; accordingly plaintiff entitled to outstanding rent, contractual late payment penalty, forfeiture of deposit and liquidated damages equal to 12 months' rent; defendant's counterclaims dis…