IRFAZ AGRO SDN BHD v PERUSAHAAN OTOMOBIL NASIONAL SDN. BHD.

wa-12bncvc-39-03-2023 High Court (Mahkamah Tinggi) 24 June 2024 • WA-12BNCvC-39-03/2023

Catchwords

Landlord and tenant dispute. Trial court allowed the plaintiff’s claim for return of security deposit at expiry of tenancy and dismissed defendant’s counter-claim for damages for reinstatement works. Defendant’s appeal was allowed ad decision of trial court set aside. High Court found the plaintiff fulfill its contractual obligation to reinstate the demised premises. The defendant as the landlord was entitled to damages for reinstatement costs and loss of rental income. Key principles include strict adherence to tenancy agreements, the burden of proof for damages in breach of contract and entitlement to compensation for loss of use during necessary repairs.

Practice Areas

Contract Landlord & Tenant

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

IRFAZ AGRO Sdn Bhd Appellant PERUSAHAAN OTOMOBIL NASIONAL Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncvc-39-03-2023)