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1998 MarsdenLR 2113

MUHAMMAD KAMIL AWANG
MJC CITY DEVELOPMENT SDN BHD – Appellant
Versus
EVERRISE DEPARTMENTAL STORE SDN BHD – Respondent


For Plaintiff : Mr. Paul Tang
Messrs Tan, Yap & Tang Advocates,
For Defendant : Mr. StanIey Eddy
Messrs Battenberg & Taima Advocates

JUDGMENT

1. The plaintiff is a developer of a project called Batu Kawah New Township, on Lot 94, Block 217, Kuching North Land District, Jalan Batu Kawa, Kuching. The plaintiff entered into 36 Sale & Purchase Agreements with the defendant for 36 units of shoplots, office lots and apartment lots, vide Sale & Purchase Agreements (Exhibit N61-N69 in Ng's second Supplementary Affidavit). A group of purchasers entered into Sale & Purchase Agreements with the plaintiff in respect of 28 units. All these Sale & Purchase Agreements are in standard contract form, save for particulars as to price, terms of payment, description and specification, which vary from one another.

2. On 21st January, 1998 the Sale & Purchase Agreements between the plaintiff and the defendant were terminated unilaterally by the defendant, and following that on 26th January, 1998 some of the purchasers terminated the Sale & Purchase Agreements between them and the plaintiff.

3. The plaintiff claimed that the termination of the Sale & Purchase Agreements was wrong and claimed damages for the wrongful termination of the agreements. The plaintiff also claimed that there was a conspiracy and, by an inducement by the defen

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