5 Sept 2024
ACMELAND DEVELOPMENT SDN. BHD. LEMBAGA KEMAJUAN JOHOR TENGGARA
- Citation
- JA-22NCvC-129-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCvC-129-09/2019 (Mahkamah Tinggi)
The court found planning permission was a condition precedent fundamental to the JVA; plaintiff's failure to obtain that permission (and to exhaust available remedies) constituted a fundamental breach and rendered performance impossible such that defendant lawfully terminated and, alternatively, the JVA was frustrated. Plaintiff failed to prove causal loss and to strictly prove claimed special damages; under s15(2) Civil Law Act the deposit paid must be returned subject to any allowable expenses, and fairness required refund of the deposit.