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COURT OF APPEAL PUTRAJAYA
ORION CHOICE SDN BHD – Appellant
Versus
BELLAJADE SDN BHD – Respondent
| Table of Content |
|---|
| 1. contractual terms and obligations in spa. (Para 1 , 2 , 3 , 4 , 5 , 6 , 10) |
| 2. court's interpretation of spa and disputed coa direction. (Para 7 , 8 , 9 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 3. plaintiff's grounds for appeal against high court's decision. (Para 12 , 13 , 14) |
| 4. judgment on excess floor area and counterclaim. (Para 38 , 39 , 40) |
| 5. final judgment and orders issued by the court. (Para 41 , 42 , 43) |
A. Background Facts
[1] The Appeal before us concerns the Appellant-Plaintiff's claim against the Respondent-Defendant for breach of contract (for the sale and purchase of an entire building) due to the Respondent's refusal to make additional payments under cl 7A of the contract which allows for adjustments upon the provisionally agreed purchase price after the building was re-measured after its completion.
[2] The Appellant contended that there was an excess of area which was unaccounted for in the provisional purchase price. Inversely, the Respondent insisted that there were areas which were wrongfully accounted for and instead counterclaimed for the value of the shortfal
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