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COURT OF APPEAL PUTRAJAYA
PRESTO SUPERMARKETS (SUBANG) SDN BHD & ORS – Appellant
Versus
ATTIC HOLDINGS SDN BHD – Respondent


Petitioner Advocates:GK Ganesan,Leslie Bala,KN Geetha,Pavaani Tanggaveloo ,Respondent Advocate: Phang Soon Mun,Darren Ee Kin Chung,Chin Choon Loong

JUDGMENT

S Nantha Balan JCA:

Introduction

[1] This appeal emanates from a dispute between a Landlord of a shopping mall and their Tenant, who had taken a tenancy of approximately 18,550 square feet of lettable premises at the Lower Ground Floor of the complex, known as Citta Mall, in the locality of Ara Damansara, Selangor. The Landlord filed a suit in the High Court , claiming that the Tenant had pre-maturely terminated a fixed -term tenancy for the demised premises. The Landlord sued for outstanding rentals, double rental, and rental for the remaining period of the fixed term tenancy as well as reinstatement costs. The Landlord also claimed general damages.

[2] The Tenant filed a counterclaim for their set-up costs, losses incurred as a result of the forced sale of their equipment, loss of sales, recovery of rental deposit, and general damages. After a full trial, the learned Judge allowed the Landlord's claim, save for general damages (which the High Court held was not proven). The Tenant's counterclaim was dismissed. This is an appeal by the Defendants against the decision of the learned Judge of the High Court dated 26 June 2019, allowing the Plaintiff's claim (save for gener

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