JUDGMENT

Christopher Chin Soo Yin JC:

Decision

[1] On 19 January 2021, I ruled in favour of the plaintiff at the Kuching High Court II. These are the grounds of my decision.

Background

[2] The background to this case is amply described in the early part of the plaintiff's submission in encl 110 and which facts are not in dispute.

[3] The plaintiff is a property developer related to an established developer known as Hock Kui Development Sdn Bhd And had been actively developing properties since the 1990s.

[4] The defendant is the registered proprietor of one parcel of land situated at 7th Mile, Penrissen Road, Kuching (within the defendant's area of administration) and containing an area of 9,996 square metres, more or less and described as Lot 96 Block 233 Kuching North Land District ("the Project Land").

[5] By a Development Agreement dated 31 January 2001("the Development Agreement 2001"), the defendant agreed to appoint the plaintiff to undertake a mixed-property development on the Project Land.

[6] Under cl 2(b)(i) of the Development Agreement 2001, the plaintiff agreed to build and complete for the defendant the following within two years from the date of the plaintiff obtaining approva