TITISAN ILHAM SDN BHD v KOPERASI PERMODALAN MELAYU NEGERI JOHOR BERHAD

ja-22c-11-12-2020 High Court (Mahkamah Tinggi) 3 December 2024 • JA-22C-11-12/2020 • 15 min read
6 cases cited (0 SG, 6 foreign)

Outcome

Conclusion [30] Based on all the reasons explained above, I find that the Plaintiff has sucessfully established that the contract was unlawfully terminated by the Defendant and as such the Plaintiff’s claim is allowed with costs. [32] On the general and special damages claimed by the Plaintiff, based on the documents produced in this court, I agree that various efforts and money have been spent by the Plaintiff before the Project was abruptly terminated. However, the quantum of the damages must be assessed in a separate trial.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ja-22c-11-12-2020). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Doctrine of frustration - it is incumbent upon the party who desires to rely on the doctrine of frustration to adduce evidence to prove that the contract is impossible or unlawful to be performed - a contract does not become frustrated merely because it becomes difficult to perform - there must be such a change in the significance of the obligation that the thing undertaken would, if performed, be a different thing from that contracted for.

Practice Areas

Contract

Judges (1)

Shamsulbahri bin Haji Ibrahim Delivered

Counsel (5)

Azahir Surainie & Azizan Ariff Firm R K Menon & Co. Firm Abdul Hamid Menon bin Abdullah Counsel Defendant Azahir bin Nasir Counsel Plaintiff Najib bin Zakaria Counsel Plaintiff

Parties (2)

KOPERASI PERMODALAN MELAYU NEGERI JOHOR BERHAD Defendant TITISAN ILHAM Sdn Bhd Plaintiff

Cases Cited (6)

MY (6)
[1984] 1 CLJ 347 [2007] 3 CLJ 695 [2007] 4 MLJ 201 [2009] 6 CLJ 430 [2018] AMEJ 1171 [2018] MLJU 1360

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ja-22c-11-12-2020)