EDISIJUTA PARKING SDN BHD v 1. ) TH UNIVERSAL BUILDERS SDN. BHD. 2. ) LEMBAGA TABUNG HAJI
w-01imncvc-146-04-2025 Court of Appeal (Mahkamah Rayuan) 27 April 2025 • W-01(IM)(NCvC)-146-04/2025 • 3 min read
Catchwords
1. The appellant company (Appellant) entered into a “Carpark Operator Cum Licence Agreement” dated 1.10.2019 (Agreement), with Bukit Damansara Development Sdn. Bhd. (BDD). According to the Agreement, among others, BDD granted the Appellant a license to operate car park services, including valet services (Car Park Services), at VSquare @ PJ City Centre, Jalan Utara, 46200 Petaling Jaya, Selangor (Building). The Agreement was for a period of five years, commencing on 1.10.2019 and concluding on the 30.9.2024 (Expiry Date). 2. Around December 2020, the second respondent (2nd Respondent) entered into a separate arrangement with BDD wherein the 2nd Respondent acquired ownership of the Building from BDD for a consideration of RM147 million. 3. By a “Notice of Assignment” dated 2.11.2021 from BDD to the Appellant (copied to the 2nd Respondent), BDD informed the Appellant that, among others, BDD had assigned, novated and transferred absolutely all of BDD’s rights, interest, benefits, liabilities and obligations under the Agreement to the 2nd Respondent. 4. The first respondent company (1st Respondent) is a subsidiary of TH Properties Sdn. Bhd. (which is part of the 2nd Respondent’s group of companies).
Judges (1)
Judgment
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