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2025 MarsdenLR 491

HIGH COURT MALAYA KUALA LUMPUR
BESJAYA MAJU SDN BHD – Appellant
Versus
HIM DEVELOPMENT SDN BHD & ORS – Respondent


Petitioner Advocates:Karen Isabel Wilfred ,Respondent Advocate: Ooi Tuan Leng,Tang Hui Jun,Chiam Jia Yann

JUDGMENT

Roz Mawar Rozain J:

[1] This case presents a classic intersection of contractual obligations, commercial reliance, and the consequences of non-performance in a high-stakes joint venture development. As emerged at trial, this dispute is not merely about delayed approvals and missed deadlines but about the expectations and responsibilities of parties engaged in a sophisticated land development agreement.

[2] The Plaintiff asserts its right to claim contractual entitlements under their Joint Venture Agreement for land development dated 10 November 2014 (JVA). The First Defendant and its guarantors (the Second Defendant and one Lai Hoong Sung (the Deceased) with now the Third and Fourth Defendants cited in this suit as they are the co-administrators of the Deceased's estate) argue that the contract should be deemed terminated due to unfulfilled conditions precedent, raising critical questions about waiver, extensions by conduct, and liability.

Agreed Facts

[3] The following facts were agreed upon by all the parties and remain undisputed:

(a) The JVA between the Plaintiff and the First Defendant that they had executed on 10 November 2014 is for a residential development project on la


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