2011 MarsdenLR 1787

ALAUDDIN MOHD SHERIFF, HASHIM YUSOFF, MOHD GHAZALI YUSOFF
FOONG SEONG EQUIPMENT SDN BHD – Appellant
Versus
KERIS PROPERTIES (PK) SDN BHD & ANOTHER APPEAL – Respondent

The court affirmed that payments to landowners under a Joint Venture Agreement for residential properties are contingent upon project completion, emphasizing the courts' duty to interpret agreements based on the clear intent expressed in their clauses.

Headnote:(A) Housing Development (Control and Licensing) Act, 1966 - Joint Venture Agreement - Payments to landowners dependent on project completion - Appellant claimed immediate payments for residential properties under the JVA, however, the High Court ruled such payments are contingent upon completion of development, referencing clauses of the JVA including clauses 2.1, 2.3.1, and 13.1. (Paras 6, 10, 35, 39).

(B) Meaning of clauses in agreements - Court emphasized the need to give effect to the intention of the parties in written agreements, concluding the absence of 'progressive or otherwise' in the clause indicated a deferral of payments. (Paras 30, 32).

Facts of the case:
The appeals stem from a disagreement over payment obligations for residential properties under a joint venture agreement between the developers and landowners regarding two plots of land. The parties had different interpretations of entitlements stipulated in the JVA.

Findings of Court:
Appeals dismissed, affirming that payments to landowners were dependent on project completion.

Issues: Whether the Developer's obligations to pay the landowners were subject to regulations governing housing developments and the timing of those payments.

Ratio Decidendi: The court affirmed that the provisions of the Joint Venture Agreement must be interpreted literally, ruling that the Housing Development Act applies, and payments are to be made only after project completion.

Result: Appeals dismissed with costs.