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COURT OF APPEAL PUTRAJAYA
NIPPON EXPRESS (M) SDN BHD – Appellant
Versus
CHE KIANG REALTY SDN BHD & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. introduction to the appeals (Para 1 , 2) |
| 2. factual background of land purchase agreements (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. existence of a conditional contract (Para 21 , 22 , 23 , 24) |
| 4. interpretation and intention of contract terms (Para 25 , 26 , 27 , 28 , 30 , 31 , 32 , 33) |
| 5. interpretation and effect of contract clauses. (Para 29) |
| 6. waiver of conditions by respondent (Para 34 , 35 , 36) |
| 7. breach of fundamental term by the respondent (Para 38 , 39 , 40) |
| 8. right to terminate due to breach of contract (Para 41 , 42 , 43) |
| 9. condition precedent versus terms of contract (Para 44 , 45 , 46) |
| 10. final decision and order (Para 51) |
[1] Before us are two appeals which emanated from two civil suits, namely Civil Suit No MT3-22-421-2003 (suit 421) and Civil Suit No MT3-22-422 -2003 (suit 422) which were heard together by the learned judge as the factual matrix was the same except that in suit 421 the plaintiff is Nippon Express (M) Sdn Bhd and in suit 422 the plaintiff is Nittsu Transport Service (M) Sdn Bhd.
[2] The High Court after a full trial dismissed the plaintiffs' claims which resulted in these two appeals by t
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