GERAK HARAPAN SDN BHD v SUNWAY HOLDINGS SDN BHD

b-02ncvcw-1805-11-2023 Court of Appeal (Mahkamah Rayuan) 29 January 2026 • B-02(NCvC)(W)-1805-11/2023 • 5 min read

Catchwords

Authorities had shut down the quarry operations at the Cheras Quarry Lands - Whether the Plaintiff had wrongfully and prematurely exercised the options to purchase the lands - Whether the decision of the Authorities is final- Whether the extraction of rocks from the earth is possible - Whether the cessation of quarry operations is final or temporary - Whether the Cessation Date triggered - Whether the decision of the Authorities can be subject to collateral challenge - Whether clause 37 of the Shareholders Agreement and the Option Agreements survived the SPQ Restructure Agreement - Commercial Contracts - Whether business common sense interpretation should be applied - Whether the maxim "expressio unius est exclusio alterius" applicable.

Practice Areas

Authorities had shut down the quarry operations at the Cheras Quarry Lands

Judges (3)

Ahmad Kamal bin Md. Shahid Delivered Collin Lawrence Sequerah Coram Nadzarin bin Wok Nordin Coram

Parties (2)

GERAK HARAPAN Sdn Bhd Appellant SUNWAY HOLDINGS Sdn Bhd Respondent

Case Significance

GERAK HARAPAN SDN BHD v SUNWAY HOLDINGS SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated January 29, 2026 (citation: b-02ncvcw-1805-11-2023). The panel comprised Ahmad Kamal bin Md. Shahid, Collin Lawrence Sequerah and Nadzarin bin Wok Nordin, with Ahmad Kamal bin Md. Shahid delivering the judgment.

What was the outcome of GERAK HARAPAN SDN BHD v SUNWAY HOLDINGS SDN BHD?

GERAK HARAPAN SDN BHD v SUNWAY HOLDINGS SDN BHD is a Court of Appeal decision dated January 29, 2026. The case was heard by Ahmad Kamal bin Md. Shahid. See the full judgment for details.