Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Option to purchase / right of first refusal
  • 17 Dec 2024

    LOW WEE HENG MY US FOOD SDN BHD

    Citation
    BA-22NCvC-255-06/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-22NCvC-255-06/2024 (Mahkamah Tinggi)

    No valid written renewal notice was proven; Defendant held over after the tenancy expired and failed to raise a bona fide triable issue on renewal. Damages (double rent and restoration/utility costs) were sufficiently evidenced by affidavits, invoices and correspondence and quantifiable less the retained deposit. Although the sale during the tenancy prima facie breached clause 4.18, that breach was not pleaded as a set-off and did not prevent summary judgment on the Plaintiff's claim; the Defendant's counterclaim on breach of option to purchase may proceed to trial limited to potential nomina…