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2019 MarsdenLR 1716
COURT OF APPEAL PUTRAJAYA
YAYASAN SELANGOR – Appellant
Versus
AVIATION DEVELOPMENT CORPORATION (M) SDN BHD – Respondent
[Civil Appeal No: W-02(NCVC)(W)-1402-07-2017]
Petitioner Advocates:Malek Imtiaz Sarwar,Chan Wei Jun,Nur Fahda Nur Ahmad Kamar ,Respondent Advocate: M Menon,James Joshua Paulraj,P Taneswaran
A party cannot benefit from its own breach, especially when losses claimed were incurred contrary to contractual obligations.
Headnote:This judgment addresses the interpretation of a contract clause on damages assessment under a joint venture agreement. The appellant's appeal against the High Court's order to pay RM24,202,141.00 following a prior decision is considered. The ruling determines whether the respondent's claimed losses fall within the contract terms and whether damages were proven, with the finding that the respondent acted against contractual obligations. Ultimately, the judgment overturns the lower court's decision and orders costs to the appellant.
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| 1. the case concerns the assessment of damages under a joint venture agreement. (Para 1) |
[1] This appeal from the Kuala Lumpur High Court is primarily concerned on the interpretation of a clause in the contract between the appelant and respondent in determining how damages are to be assessed. On 14 July 2017, the High Court had essentially dismissed the appellant's appeal against the decision of the learned Deputy Registrar ("DR") in respect of the assessment of damages. The High Court ordered the appellant to pay the sum of RM24,202,141.00.
