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2015 MarsdenLR 1930

FEDERAL COURT PUTRAJAYA
SPM MEMBRANE SWITCH SDN BHD – Appellant
Versus
KERAJAAN NEGERI SELANGOR – Respondent


Petitioner Advocates:Hazman Ahmad,Nadirah Izyan Azaddin,Razlan Hadri Zulkifli,Ho Kok Yew ,Respondent Advocate: Nik Suhaimi Nik Sulaiman,Ahmad Fuad Othman,Rafiqha Hanim Mohd Rosli

Zainun Ali FCJ:

[1] Leave for the appeal before us was unanimously granted on 11 April 2013 on the question of law of "whether a notice to terminate a concession/ privatisation agreement which is vague, unspecific and uncertain is defective and bad in law".

The Facts

[2] Kerajaan Negeri Selangor ("the respondent") and SPM Membrane Switch Sdn Bhd ("the appellant"), entered into an agreement ("the agreement") on 27 September 2001 in which the respondent appointed the appellant to assist them in collecting outstanding annual quit rent in Selangor (particularly in the districts of Petaling, Kuala Langat, Hulu Langat, Sepang and Hulu Selangor).

[3] A supplemental agreement was entered into on 9 July 2003.

[4] Pursuant to the agreement, the appellant was responsible for the collection of arrears of quit rent. There were a number of obligations the appellant had agreed to, which amongst others, included the setting-up of a computer system, acquisition of data, preparation and service of notices of demand; maintaining sufficient manpower and conducting a public information campaign with regard to the collection of quit rent.

[5] The agreement also provided the parties with a review procedure sho

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