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COURT OF APPEAL PUTRAJAYA
TANJUNG TIARA SDN BHD – Appellant
Versus
PARAGRO SDN BHD – Respondent
| Table of Content |
|---|
| 1. contractual obligations in timber spa (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. dispute over the nature of the timber licence (Para 14 , 15 , 16) |
| 3. construction of contracts in light of multiple documents (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. assessment of damages awarded by trial judge (Para 25 , 26 , 28 , 29 , 30 , 31 , 32) |
Appeal
[1] On 21 October 2009, after a full trial, the Miri High Court found the defendant company liable for breach of contract and gave judgment for the respondent ("the plaintiff company") in the sum of RM120,000,000 as damages with interest at 8% per annum.
[2] We heard the appellant's ("the defendant company's") appeal on 30 June and 1 July 2010. We dismissed it with costs of RM50,000. We now give our grounds.
The Facts
[3] This appeal is essentially fact-based.
[4] The defendant company is and was at all material times the registered proprietor of a parcel of land held under Lot 63, Sawai Land District ("Lot 63") Batang Suai, Miri containing an approximate area of 4,856 hectares (= 12,000 acres)
[5] On 20 April 1994, the parties herein entered into exh. P15 which is a timber Sale and Purchase Agreement ("the Timb
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