HIGH COURT MALAYA PENANG
CHEK SAM SALLEH – Appellant
Versus
PEMBINAAN LERCAST SDN BHD & ANOR – Respondent
JUDGMENT
Introduction
[1] The Plaintiff ("P") is the owner of a piece of land situated at Tempat Teluk Kumbar, Daerah Barat Daya, Negeri Pulau Pinang ("land"). P had entered into a joint venture with the 1st Defendant ("D1") to develop the land into residential units ("project").
[2] In connection with the joint venture, the following agreements (collectively the "contracts") were executed:
(a) a Joint Venture Agreement dated 28 July 2015 between P (as landowner) and D1 (as developer) ("JV Agreement");
(b) a Power of Attorney dated 28 July 2015 granted by P to D1 ("Power of Attorney");
(c) a Manager Agreement dated 9 December 2016 ("Manager Agreement") between P (as landowner) and D1 (as developer) and the 2nd Defendant ("D2") (as manager). (D1 and D2 are collectively referred to as the "Defendants"); and
(d) a Supplemental Agreement dated 10 October 2018 between P and D1 ("Supplemental Agreement").
[3] This action is brought by P against the Defendants to terminate the aforesaid contracts.?
[4] The 3rd Defendant was previously the solicitors for the Defendants. The 3rd Defendant was included in this suit for the sole reason that the original title of the land and a deposit
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