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2017 MarsdenLR 91

HIGH COURT MALAYA JOHOR BAHRU
1010 DISCO SDN BHD – Appellant
Versus
MB ORIENTAL SDN BHD – Respondent


Table of Content
1. breach of tenancy agreement and duty of care by the defendant. (Para 1 , 2 , 3 , 4 , 5)
Including

i. Eight (8) pieces of LED Panels;

ii. Three (3) speaker systems;

iii. One (1) professional DJ Console Set;

iv. One (1) monitor

[1.12] Therefore the Plaintiff is claiming against the Defendant for:-

i. Special Damages for the sum of RM2,400,000.00;

ii. General Damages;

iii. Exemplary Damages;

iv. Interest on the said sum of RM2,400,000.00 at the rate of 5% per annum from the date of this writ until full settlement.

v. Costs; and

vi. Such further or other relief.

[2] Defendant's Case

[2.1] The premises is a part and parcel of a stratified building identified as "DNP Plaza Johor Bahru" ("the Project").

[2.2] The Plaintiff was the tenant and the Defendant was the landlord of the premises.

[2.3] The Plaintiff, as tenant, had exclusive possession of the premises at all material times.

[2.4] It is the Plaintiff's own duty to safeguard its properties kept in the premises.

[2.5] In the premises, the Defendant could not have owed any duty care to the Plaintiff in this respect and could not have been negligent as alleged or at all.

[2.6] Further or alternatively, it was an express term of the Te

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