COURT OF APPEAL PUTRAJAYA
LEISURE FARM CORPORATION SDN BHD – Appellant
Versus
KABUSHIKI KAISHA NGU & ORS – Respondent
[1] This appeal is brought as a result of the High Court's decision given on 11 March 2014 after full trial:-
(a) in disallowing the appellant's claim for specific performance as prayed for by the appellant against the 1st respondent and instead granting the appellant's alternative prayer for damages in lieu of specific performance to be assessed as well as liquidated damages of RM841,691.94 to be paid by the 1st respondent to the appellant;
(b) in disallowing the appellant's claims against the 2nd and 3rd respondents; and
(c) in allowing the 3rd respondent's counterclaim against the appellant.
This appeal is against the above decision save such part of the High Court's decision in granting the appellant the alternative prayer for damages in lieu of specific performance to be assessed and liquidated damages of RM841,691.94. We dismissed the appeal and our reasons for doing so now follow.
[2] To appreciate the contentions that have been raised before this Court, it would be desirable to state briefly the material facts. The background to this case is set out comprehensively in the appellant's Re-Amended Statement of Claim. We begin by stating that the appellant who is the plaintiff in th
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