HIGH COURT MALAYA KUALA LUMPUR
BESJAYA MAJU SDN BHD – Appellant
Versus
HIM DEVELOPMENT SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. contractual obligations and non-performance in joint ventures. (Para 1 , 2) |
| 2. undisputed facts about joint venture agreement. (Para 3 , 4 , 5 , 6) |
| 3. condition precedent requirements under jva. (Para 11 , 12 , 13 , 14) |
| 4. breach of jva and implications of covid-19 act. (Para 15 , 16 , 17 , 18 , 21 , 22 , 24) |
| 5. damage calculations considering implied consent. (Para 26 , 28 , 30 , 31) |
| 6. liability of guarantors under a guarantee. (Para 39 , 40 , 41) |
| 7. final orders and enforcement of contractual obligations. (Para 42) |
[1] This case presents a classic intersection of contractual obligations, commercial reliance, and the consequences of non-performance in a high-stakes joint venture development. As emerged at trial, this dispute is not merely about delayed approvals and missed deadlines but about the expectations and responsibilities of parties engaged in a sophisticated land development agreement.
[2] The Plaintiff asserts its right to claim contractual entitlements under their Joint Venture Agreement for land development dated 10 November 2014 (JVA). The 1st defendant and its guarantors (the 2nd defendant and one Lai Hoong Sung (the Deceased) with now
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