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HIGH COURT MALAYA KUALA LUMPUR
HRA TEGUH SDN BHD – Appellant
Versus
GOLDIX RESOURCES SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. breach of novation agreement (Para 1 , 2 , 3 , 4 , 5) |
| 2. defense relying on non-approval (Para 6 , 12) |
| 3. validity of master development agreement (Para 7 , 8) |
| 4. burden of proof rests on the defendants (Para 9 , 10 , 11) |
| 5. witness testimony and evidence evaluation (Para 13 , 14 , 15 , 16 , 17) |
| 6. defense raised late as an afterthought (Para 18 , 19 , 20) |
| 7. (Para 21 , 22 , 23) |
| 8. agreements remain valid without minister's approval (Para 24 , 25 , 26) |
| 9. court's order for payment and compensation (Para 27 , 28 , 29) |
Introduction
[1] The Plaintiff's claim against the 1st Defendant is for the breach of payment under a Novation agreement and against the 2nd Defendant for a personal guarantee, guaranteeing the payment of the sum agreed under the novation agreement.
Brief Facts And Background
[2] The Plaintiff was appointed under a Master Development Agreement ("MDA") by FELDA Investment Corporation Sdn Bhd ("FIC") to develop a piece of land at Sesyen 4- PG, Daerah Jempol, Negeri Sembilan ("the said land") registered under the Federal Land Development Authority (FELDA").
[3] The Plaintiff transferred all its rights and liabilities to the 1st Defendant unde
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