LETTIN CENTURY INTERNATIONAL SDN BHD v XXXX
Catchwords
ABSTRACT The claim included fees under the Underwriting Agreement for 64 units sold and 48 units cancelled due to the Defendant's failure to execute Sale and Purchase Agreements. It was established that the Plaintiff did not breach its obligations but had fulfilled them by securing purchasers and was contractually entitled to its marketing consultancy fees. The Defendant breached reciprocal obligations under Section 55 of the Contracts Act 1950 by making premature demands and failing to execute SPAs. The termination on 16 November 2015 was wrongful and driven by the Defendant's commercial motives. The Plaintiff was not estopped from claiming acceptance of the termination, as it was conditional upon payment. The court finds in favour of the Plaintiff for the fees owed, and the Defendant's counterclaim is dismissed. KEYWORDS Underwriting Agreement - Marketing Consultancy Fees - Property Development; Breach of Contract; Wrongful Termination - Reciprocal Obligations - Section 55 Contracts Act 1950 – Estoppel- Contractual Interpretation
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Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-146-03-2017)