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2014 MarsdenLR 818

COURT OF APPEAL PUTRAJAYA
JUTA DAMAI SDN BHD – Appellant
Versus
PERMODALAN NEGERI SELANGOR BERHAD – Respondent


[1] The appellant, Juta Damai Sdn Bhd, appealed to this court against the decision of the High court given on 29 February 2012. The High court had dismissed the appellant's claim against the respondent, Permodalan Negeri Selangor Berhad, with costs.

[2] The appellant and the respondent had entered into a Joint Venture Agreement dated 7 April 1995 (the JVA) and a supplementary agreement dated 15 May 1996 under which the appellant was to undertake a housing, commercial and industrial development including public amenities and infrastructure on a piece of land of 70 acres held under Lot 5317, Mukim Dengkil, District of Sepang, Selangor. Through its solicitor's letter of 2 July 2001, the respondent informed the appellant that the Joint Venture Agreement had expired on 6 April 2001 and would not be renewed. On 21 December 2006, the appellant filed its civil suit.

Appeals Generally

[3] By s 69(1) of the Courts of Judicature Act 1964 (Act 91), appeals to this court are by way of re-hearing. To ensure appeals are bona fide and not mere attempts for a second bite at the cherry, it is trite law that unless it is demonstrated that the court appealed from had erred in law, principle, fact or ap

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