UNITED PAULOWNIA PLANTATION SDN BHD v FGP VENTURES SDN BHD PIHAK KETIGA GREEN AFFORESTATION INTERNATIONAL NETWORK SDN BHD (DEF KE2 T.BALAS)
wa-22ncvc-326-05-2025 High Court (Mahkamah Tinggi) 5 January 2026 • WA-22NCvC-326-05/2025 • 2 min read
Catchwords
FGP Ventures Sdn Bhd's summary judgment application for RM17,640,000 in agreed liquidated damages under timber plantation Joint Venture Agreements was dismissed. The court identified multiple triable issues: whether the RM82 per tree Fixed Return was unconditionally payable after 40 months or contingent on tree harvesting; uncontested evidence of tree immaturity; whether the agreements constituted illegal moneylending; force majeure claims for landslides; the nature of defendants' correspondence as debt admissions; and ambiguity in Green Afforestation International Network Sdn Bhd's liability. These substantial disputes required a full trial with viva voce evidence and could not be determined summarily. Summary judgment; joint venture; fixed return; contractual interpretation; triable issues; force majeure; illegal moneylending; liquidated damages
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