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2015 MarsdenLR 2389

HIGH COURT MALAYA JOHOR BAHRU
LEONG AH KEW & ORS – Appellant
Versus
PRISMA SURIA SDN BHD – Respondent


Table of Content
1. dispute over joint venture agreement termination. (Para 1 , 3 , 5)
2. plaintiffs' failure to fulfill obligations. (Para 4 , 7 , 20)
3. impact of reciprocal promises on claims. (Para 12 , 24 , 46)
Mohd Nazlan Mohd Ghazali JC:

Brief Introduction

[1] This suit essentially involves the plaintiffs' claim to terminate a joint venture agreement concerning the development of a housing project and the defendant's counterclaim for a specific performance of the said joint venture agreement.

[2] Trial of the suit took place on 20 and 21 May 2015. The plaintiffs called three witnesses and the defendant, two. The plaintiffs filed their written submission on 3 July 2015. I gave my decision and the reasons for the same in this judgment dated 27 July 2015 delivered to the parties on even date.

Key Background Facts

[3] The 1st plaintiff is the widow of Law Mok Chin who passed away on 30 November 2010. The deceased was previously the registered owner of a piece of land held under PM 1362 Lot 16479 (formerly known was HS(M) 3669, MLO 2411) located at Mukim Sedenak, District of Kulai, State of Johor ("the said land"), and had, on 2 March 2006, executed a joint venture agreement with the defe

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