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SESSION COURT SHAH ALAM
HATCHING EDUCATION GROUP SDN BHD – Appellant
Versus
TETAP TIARA SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. establishment of tenancy and its terms. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. counterclaims related to rental arrears. (Para 9 , 10 , 12 , 21) |
| 3. illegality of contract and its implications. (Para 22 , 24 , 25 , 34 , 44 , 45) |
| 4. entitlement to refunds under void agreements. (Para 60 , 66 , 67 , 108) |
| 5. handling of counterclaims and burdens of proof. (Para 73 , 80 , 81) |
Introduction
[1] The plaintiff is a company running a business related to education. Amongst its business is running a special need education centre.
[2] The first defendant is the developer of a commercial project known as Jaya One located at No 72A, Jalan Universiti, 46200 Petaling Jaya, Selangor.
[3] The plaintiff has withdrawn its claim against the second defendant, Jaya One Management Corporation on 24 April 2019. Thus, the trial proceeded between the plaintiff and the first defendant only,
[4] Through a letter of offer dated 5 December 2017 the first defendant ("defendant") let to the plaintiff the two premises in Jaya One known as Lot No 100-1.027 and 100-1.029 located on Level 1 and Lot No 100- U1.025, 100-U 1.027 and 100-U1.029 located on Level U1.
[5] Level 1 premises and Le
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