BANDAR UTAMA CITY ASSETS SDN. BHD. v 1. ) ROTOL FOOD-CHAIN (M) SDN. BHD. 2. ) Chua Kah Seng 3. ) Caleen Chua Yen Keng

ba-12a-27-05-2025 High Court (Mahkamah Tinggi) 15 December 2025 • BA-12A-27-05/2025 • 8 min read
1 cases cited (0 SG, 1 foreign)

Outcome

For the reasons set out above, the appeal is dismissed. The order of the Sessions Court dated 24 April 2025 granting interlocutory injunction is affirmed.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ba-12a-27-05-2025). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

This appeal challenges the Sessions Court Judge’s decision on 24 April 2025 to grant an interlocutory injunction in favour of the first Respondent. The injunction restrains Appellant from taking vacant possession of the SkyDeck @ Avante Hotel premises pending disposal of the action. The Appellant (Landlord) argues the tenancy expired on 19 December 2024 by effluxion of time, leaving the Respondent (Tenant) without lawful basis to remain. The Tenant contends it validly exercised an option to renew, making the termination disputed. The court found a serious issue to be tried, as the validity of the Tenant’s renewal depends on disputed facts, including alleged rental arrears and compliance with contractual obligations. These matters require full evidential determination and cannot be resolved at the interlocutory stage. On adequacy of damages, eviction before trial could irreversibly affect the Tenant’s rights, while the Landlord’s losses are compensable financially. The balance of convenience favours maintaining the status quo to avoid injustice. The injunction preserves possession pending trial without deciding the merits. Finding no error in the lower court’s reasoning, the appeal was dismissed with costs.

Practice Areas

Civil Procedure

Judges (1)

Anita binti Harun Delivered

Counsel (4)

Josephine, L K Chow & Co Firm Lee & Poh Partnership Firm Aw Kai Xiang Counsel Respondent Pearly Chua Li May Counsel Appellant

Parties (4)

BANDAR UTAMA CITY ASSETS Sdn Bhd Appellant ROTOL FOOD-CHAIN Sdn Bhd Respondent Caleen Chua Yen Keng Respondent Chua Kah Seng Respondent

Statutes Cited

Specific Relief Act 1950 (Cap 137)

Cases Cited (1)

MY (1)
[1995] 1 MLJ 193

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12a-27-05-2025)