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2019 MarsdenLR 1765

COURT OF APPEAL PUTRAJAYA
AMTRUSTEE BERHAD – Appellant
Versus
THE STORE (MALAYSIA) SDN BHD – Respondent


Petitioner Advocates:Cecil Abraham,Aniz Ahmad Amirudin,Phang Soon Mun,Noor Muzalifah Shabudin,Chew Chun Wei ,Respondent Advocate: Gideon Tan,Ya Yoon Jan

Table of Content
1. matter concerns the validity of tenancy agreements. (Para 1 , 2 , 4)
Hanipah Farikullah JCA:

Introduction

[1] In the High Court, the plaintiff seeks for a declaration that the termination notice issued by the defendant is void and consequently, the Tenancy Agreements are valid.

[2] In response, the defendant brought a counterclaim for a declaration that the renewal of the Tenancy Agreements is subject to an increase in respect of the rate of 10% and that the termination by the defendant is valid.

[3] We shall be referring to parties in this judgment in their respective capacity in the High Court, the appellant as the defendant and the respondent as the plaintiff.

[4] The High Court had after a full trial, allowed the plaintiff's claim and dismissed the defendant's counterclaim.

[5] We heard the appeal. At the conclusion of the hearing of the appeal, by unanimous decision, we allowed it. The decision of the High Court is set aside.

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