COURT OF APPEAL PUTRAJAYA
AMZED DEVELOPMENT SDN BHD – Appellant
Versus
DATO MAT JAHYA HUSSIN & ANOR – Respondent
JUDGMENT
Introduction
[1] This is an appeal by the appellant against the decision of the High Court in allowing the respondents' claim.
[2] After reading the written submissions filed, hearing both parties orally and perusing the records of appeal, we decided to allow the appeal.
Background Facts
[3] The appellant is a housing developer. The respondents (husband and wife) are the landowners of a piece of land ("the Property"). On 23 November 2009 the appellant signed a Joint-Venture Agreement ("the Agreement") with the respondents to jointly develop the Property into a housing project for the construction of 26 units of semi-detached double-storey houses ("the Project").
[4] The dispute between the appellant and respondents largely revolves on the issue when the Project must be completed and whether there were extensions of time agreed by both parties for the completion of the Project. Another issue of substance is whether the respondents should be paid compensation because of the purported delay in completing the Project.
High Court's Decision
[5] The Learned High Court Judge found as follows. The relevant term of the agreement provides for the completion of the Project
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