JUDGMENT

Faizah Jamaludin J:

Introduction

[1] This is a claim by the plaintiff against the defendant for breach of a joint venture agreement dated 28 October 2009 ("JVA") and breach of duty of care in respect of the construction of Premise 1 and Premise 2 (both defined below) on land held under Geran Mukim 6691, Lot 9120, Sek 2, Pekan Tanjung Karang, Daerah Kuala Selangor, Selangor ("Lot 9120").

[2] The plaintiff was the original landowner of Lot 9120, and the defendant is a developer licensed under the Housing Development (Control and Licensing) Act 1966. The plaintiff and the defendant had entered the JVA for the development of a commercial center on Lot 9120 ("the Project"). The defendant is the developer of the Project.

[3] For purposes of the Project, Lot 9120 was subdivided into 13 individual lots in 2010. The plaintiff was the registered owner of all the 13 individual lots. The defendant completed the construction of 11 shophouses on 11 of the 13 individual lots. The certificates of completion and compliance ("CCC") for the shophouses were issued in 2014.

[4] Under the JVA, the plaintiff is entitled to 30% of the total units of the building constructed on Lot 9120 (defined as "the