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2024 MarsdenLR 1616

HIGH COURT MALAYA PENANG
CHEK SAM SALLEH – Appellant
Versus
PEMBINAAN LERCAST SDN BHD & ANOR – Respondent


Petitioner Advocates:Shahidah Nailul Morad,Noor Hashimah Hamzah,Jastina Mohd Junus,Izzat Othman ,Respondent Advocate: Dato' Abdul Fareed Abdul Gafoor,Farah Nabilah Shaharuddin

JUDGMENT

Quay Chew Soon J:

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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