MONUMENT MINING LIMITED & ANOR vs EMAS KEHIDUPAN SDN BHD & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 1745

HIGH COURT MALAYA SHAH ALAM
MONUMENT MINING LIMITED & ANOR – Appellant
Versus
EMAS KEHIDUPAN SDN BHD & ORS – Respondent

Table of Content
1. background facts on plaintiffs and agreements. (Para 1 , 2 , 3 , 4 , 5 , 9 , 10 , 11)
2. contentions raised by the plaintiffs and defendants. (Para 35 , 36)
3. court’s issues for determination regarding the lease. (Para 37 , 38 , 39)
4. court interpretations and findings on obligations. (Para 40 , 41 , 43 , 49 , 51)

Lim Chong Fong JC:

Introduction

[1] This is a suit for restitution arising from an "Earn-In" agreement for gold prospecting/exploration activities in Mersing, Johor Darul Takzim.

[2] The plaintiffs are related companies with gold mining expertise. The 2nd plaintiff is a wholly owned Malaysian incorporated subsidiary of the 1st plaintiff, a Canadian listed incorporated company.

[3] The 1st and 2nd defendants are Malaysian companies whilst the 3rd plaintiff is a Malaysian individual.

[4] The plaintiffs, defendants, Goldfield Assets Sdn Bhd and Himpunan Suci Sdn Bhd ("HSSB") jointly executed the "Earn-In" Agreement dated 12 September 2011 ("EIA") which is the core subject matter in dispute in this suit.

The Trial Process

[5] The trial of this suit took four days on 15 and 16 April 2015 and 22 and 23 October 2015.

[6] The trial documents were marked as bundles A, B1,

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2016 MarsdenLR 1745

HIGH COURT MALAYA SHAH ALAMMONUMENT MINING LIMITED & ANOR – AppellantVersusEMAS KEHIDUPAN SDN BHD & ORS – Respondent

Cases Referred (1)

HIGH COURT MALAYA SHAH ALAM
MONUMENT MINING LIMITED & ANOR – Appellant
Versus
EMAS KEHIDUPAN SDN BHD & ORS – Respondent