2 May 2024
PJ MIDTOWN DEVELOPMENT SDN BHD 1. ) ASIANLAND REALTY SDN BHD 2. ) OYO ROOMS HOSPITALITY SDN BHD
- Citation
- WA-22NCC-267-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-267-05/2023 (Mahkamah Tinggi)
The court held the 13.12.2019 Agreement operated as a tenancy creating fixed payment obligations which Asianland breached; the Guarantee was a valid, binding instrument supported by consideration and apparent authority of the signatory (Turquand rule), therefore PJ Midtown was entitled to summary judgment for the outstanding sum as there were no genuine triable issues. Separately, Asianland’s counterclaim was procedurally defective for failing to include PJ Midtown as required by Order 15 r3 and in any event raised issues subject to a prior Court of Appeal stay pending arbitration; the propos…