10 Jun 2024
GREENVIEW EDUCATION CENTRE (BANGI) SDN BHD 1. ) MASTEKNIK ENGINEERING SDN. BHD. 2. ) TENAGA NASIONAL BERHAD
- Citation
- BA-22NCvC-310-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-310-08/2022 (Mahkamah Tinggi)
On the evidence the court found GEC Bangi liable for rent arrears subject to deduction of payments actually made and the security deposit; the court allowed recovery of utility arrears as of 8-7-2022. The court rejected the claim for reinstatement costs (RM1,937,700) and loss of future rent for lack of strict proof of special damages and because landlord mitigated loss by reletting. The security deposit could be set off against proven arrears but could not be forfeited arbitrarily. Burden of proof under ss 101-102 Evidence Act was not satisfied for disputed special damages, therefore those cl…