18 Nov 2021
Sunsets Fortune Sdn Bhd Special Coral Sdn Bhd
- Citation
- PA-12ANCvC-38-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12ANCvC-38-04/2021 (Mahkamah Tinggi)
Summary judgment was inappropriate because the defendant raised an arguable and triable issue as to the legal effect of the notice of relocation: the relocation clause (Clause 17.2) could have produced a substitution of premises if the tenant did not reject within 14 days, requiring the landlord to offer a new tenancy; the landlord did not follow the substitution process but issued a termination, creating an inconsistency that must be resolved at trial. Other defenses (prematurity of writ; fixed-term status) were found unarguable, but the relocation issue alone sufficed to overturn summary ju…