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HIGH COURT MALAYA KUALA LUMPUR
HRA TEGUH SDN BHD – Appellant
Versus
GOLDIX RESOURCES SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. breach of payment under novation agreement (Para 1 , 2 , 3 , 4 , 5) |
| 2. non-approval challenge affects contract validity (Para 6 , 12) |
| 3. determining the validity of mda and novation agreement (Para 7 , 8) |
| 4. burden of proof placed on defendants (Para 9 , 10) |
| 5. minister's approval requirement under land act (Para 11) |
| 6. testimony limitations regarding minister's approval (Para 13 , 14) |
| 7. adverse inference drawn from lack of evidence (Para 15 , 16 , 17) |
| 8. defendants' non-approval claim seen as afterthought (Para 19 , 20 , 21) |
| 9. approbation and reprobation principles applied (Para 22 , 23) |
| 10. validity and obligations under agreements confirmed (Para 24 , 25 , 26) |
| 11. court's final orders on payment and compensation (Para 27 , 28 , 29) |
Introduction
[1] The Plaintiff's claim against the 1st Defendant is for the breach of payment under a Novation agreement and against the 2nd Defendant for a personal guarantee, guaranteeing the payment of the sum agreed under the novation agreement.
Brief Facts And Background
[2] The Plaintiff was appointed under a Master Development Agreement ("MDA") by FELDA Investment Corporation Sdn Bhd ("FIC") to develop a piece of land at S
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