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2016 MarsdenLR 1400

HIGH COURT MALAYA SHAH ALAM
IBSUL DEVELOPMENT (SEL) SDN BHD – Appellant
Versus
PERBADANAN KEMAJUAN NEGERI SELANGOR – Respondent


Table of Content
1. core facts regarding contract breach. (Para 1 , 2 , 3 , 4 , 5)
2. time remains an essence in contract. (Para 6 , 11 , 12 , 13 , 14 , 15 , 16)
3. plaintiff's arguments for equity despite breaches. (Para 8 , 9 , 10)
4. equity will not assist a party with misconduct. (Para 17 , 18 , 19)
5. defendant's termination of contract is justified. (Para 21 , 24 , 25 , 26)
6. court's final decision and orders. (Para 27 , 28 , 29)
Azimah Omar JC:

(After Full Trial)

A. Background Facts

[1]Basically, the Plaintiff's claim in the present case relates to an alleged breach of contract and the effect on the contract's essence of time, when further definite time was given to remedy the breach. It is opportune at this early juncture that this Court must remind the parties that no principle in law, particularly in the present case, contract law, reigns supreme without exception. It would be commercially and legally absurd if the mere act of giving extension of time would allow space for a breaching party to now perform as it pleases and at its leisure on the pretext that time is no longer of essence. Indeed, time can lose its essence but parties must be minded that there could be multiple stipu

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