COURT OF APPEAL PUTRAJAYA
KOPERASI PERMODALAN FELDA MALAYSIA BERHAD – Appellant
Versus
ICON CITY DEVELOPMENT SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. claims for liquidated damages due to construction delays. (Para 1 , 2 , 5) |
| 2. interpretation of contractual delivery obligations and stipulations. (Para 21 , 23 , 24) |
| 3. requirements to assert a claim for conspiracy. (Para 45 , 46) |
Introduction
[1] The Appellant appeals against the decision of the High Court in dismissing the Appellant's claims against the 1st and 2nd Respondents for the damages for delay in delivery of vacant possession of 8 units of eight-storey shop offices (collectively "the said Properties") under the Icon City project ("the said Project") and for the torts of conspiracy and negligence.
[2] The Appellant was the Plaintiff in the High Court, and the Appellant's claim was for liquidated ascertained damages ("LAD") for late delivery of vacant possession of the said Properties bought from the 1st Respondent (the 1st Defendant below) who was the Project Developer, and also against the 2nd Respondent, (the 2nd Defendant below) who was the Project Architect of the said Project.
[3] This is a unanimous decision of the Court. We heard this appeal on 6 May 2021 and allowed the appeal in part. These are our grounds for our decision.
[4] Th
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