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HIGH COURT MALAYA KUALA LUMPUR
REGALIA ENTITY SDN BHD – Appellant
Versus
LEMBAGA AMANAH YAYASAN SARAWAK & ANOR – Respondent
| Table of Content |
|---|
| 1. facts of the contractual obligations and disputes. (Para 1 , 2 , 4 , 5 , 6 , 10 , 11 , 12 , 13 , 14) |
| 2. observations on the fulfillment of conditions precedent. (Para 3 , 8 , 9 , 21 , 22 , 23) |
| 3. identification of principal issues for determination. (Para 15 , 32 , 34) |
| 4. court's rationale leading to the conclusion of contract termination. (Para 16 , 18 , 41 , 46 , 49) |
Introduction
[1] The Plaintiff's claim against the Defendants is for specific performance of a joint venture agreement (JVA) dated 5 July 2011 to develop a piece of land registered under the name of the 2nd Defendant held under GRN 11254, Lot 32292, Mukim Petaling, Kuala Lumpur ("the project"). The ancillary claims are for a loss of profits, a share of land acquisition compensation and special damages.
[2] The basis of the Plaintiff's claim is the unlawful and unilateral termination of the JVA by the Defendant on the alleged non-fulfilment of the condition precedent of the JV by the Plaintiff within the time stipulated.
[3] This case went for full trial where both parties relied on oral testimony as well as documentary evidence. The Plaintiff called 6 witnesses whereas the Defendants called
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