UEM Land Berhad v Mohd Khalid Bin Mohd Noor

w-02ncvcw-1616-09-2024 Court of Appeal (Mahkamah Rayuan) 12 August 2025 • W-02(NCvC)(W)-1616-09/2024 • 44 min read

7 cases cited (0 SG, 7 foreign)

Catchwords

Contract – Tenancy Agreement – Early Termination – Construction of “Notwithstanding” Clause – Unilateral Termination – No Requirement to Assign Reasons – Legitimate Expectation – Section 29 Contracts Act 1950. Appeal against High Court decision on wrongful termination of a three-year tenancy for turf farming. Court of Appeal held Clause 15 (early termination) operates independently of Clause 6 (default), permitting termination upon three months’ notice without reasons or mutual consent. “Notwithstanding” wording given plain meaning. Termination valid despite MACC investigations context. Doctrine of legitimate expectation inapplicable to private law disputes. Section 29 Contracts Act not engaged. Appeal allowed with costs.

Practice Areas

Contract Appeal against High Court decision on wrongful termination of a three-year tenancy for turf farming. Court of Appeal held Clause 15 (early termination) operates independently of Clause 6 (default), permitting termination upon three months’ notice without reasons or mutual consent. “Notwithstanding” wording given plain meaning. Termination valid despite MACC investigations context. Doctrine of legitimate expectation inapplicable to private law disputes. Section 29 Contracts Act not engaged. Appeal allowed with costs.

Judges (3)

Lim Hock Leng Coram Mohd Firuz bin Jaffril Delivered Mohd Nazlan bin Mohd Ghazali Coram

Counsel (7)

Shahrizat Rashid & Lee Firm T.S. Ong & Ng Firm Ainnur Annisa binti Abdul Razak Counsel Appellant Felyna Mustafa Kamal Counsel Respondent Harjinder Kaur A/P Ajaib Singh Counsel Appellant Ng Yih Miin Counsel Respondent Toh Xin Yi Counsel Appellant

Parties (2)

UEM Land Berhad Appellant Mohd Khalid bin Mohd Noor Respondent

Case Significance

UEM Land Berhad v Mohd Khalid Bin Mohd Noor is a Court of Appeal (Mahkamah Rayuan) decision dated August 12, 2025 (citation: w-02ncvcw-1616-09-2024). <p>UEM Land terminated a three-year tenancy agreement for turf farming in Cyberjaya by giving three months' notice under an early termination clause. The Court of Appeal allowed UEM Land's appeal, holding that the 'notwithstanding' clause in Clause 15 operated independently of the default provisions in Clause 6, permitting unilateral termination without reasons or mutual consent. The doctrine of legitimate expectation was held inapplicable to private law disputes.</p> The panel comprised Lim Hock Leng, Mohd Firuz bin Jaffril and Mohd Nazlan bin Mohd Ghazali, with Mohd Firuz bin Jaffril delivering the judgment. Counsel appearing: Ainnur Annisa binti Abdul Razak (counsel for appellant), Felyna Mustafa Kamal (counsel for respondent), Harjinder Kaur A/P Ajaib Singh (counsel for appellant), Ng Yih Miin (counsel for respondent), Toh Xin Yi (counsel for appellant).

Summary

UEM Land terminated a three-year tenancy agreement for turf farming in Cyberjaya by giving three months' notice under an early termination clause. The Court of Appeal allowed UEM Land's appeal, holding that the 'notwithstanding' clause in Clause 15 operated independently of the default provisions in Clause 6, permitting unilateral termination without reasons or mutual consent. The doctrine of legitimate expectation was held inapplicable to private law disputes.

What was the outcome of UEM Land Berhad v Mohd Khalid Bin Mohd Noor?

<p>UEM Land terminated a three-year tenancy agreement for turf farming in Cyberjaya by giving three months' notice under an early termination clause. ...

Cases Cited (7)

UK (5)

[1998] 1 All ER 98 [1998] 1 WLR 896 [2001] 2 WLR 735 [2009] UKPC 11 [2015] UKSC 36

MY (2)

[2010] 1 CLJ 269 [2016] 1 CLJ 177