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HIGH COURT MALAYA KUALA LUMPUR
GENTARI SDN BHD – Appellant
Versus
PEMUNGUT DUTI SETEM MALAYSIA – Respondent
| Table of Content |
|---|
| 1. the novation agreement and initial stamp duty assessment. (Para 1 , 2) |
| 2. issue of ad valorem duty on the novation agreement. (Para 4 , 5) |
| 3. definition and charging provision of stamp duty applicable. (Para 6 , 7) |
| 4. test for determining stamp duty on instruments. (Para 8 , 9) |
| 5. collector's argument regarding the novation agreement as conveyance. (Para 10 , 11) |
| 6. definition of property under the stamp act. (Para 12 , 13) |
| 7. rights and obligations related to the novation agreement. (Para 14 , 15) |
| 8. effects of novation under contracts act. (Para 18 , 19) |
| 9. nature of novation agreements. (Para 20 , 21) |
| 10. collector's misunderstanding of the novation agreement's nature. (Para 22 , 23 , 24 , 25) |
Introduction
[1] On 24 October 2024, I allowed the originating summons filed by the plaintiff, Gentari Sdn Bhd, against the assessment of stamp duty (ad valorem duty) by the Collector of Stamp Duty ("the Collector") in respect of a Novation Agreement dated 4 August 2023 ("the Novation Agreement"). The Novation Agreement was entered into between Gentari Renewables Sdn Bhd ("GRSB" previously known as Petronas Power Sdn Bhd), Petroliam Nasional Berhad ("P
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