NBC LAND SDN BHD v MAJLIS PERBANDARAN KLANG

ba-21ncvc-40-06-2017 High Court (Mahkamah Tinggi) 25 February 2026 • BA-21NCvC-40-06/2017 • 24 min read

Catchwords

The Court of Appeal remitted this matter to the High Court on 20 July 2020 for the assessment of damages arising from the Defendant’s breach of the agreement dated 2 December 2003. The original High Court decision delivered on 8 August 2019 had dismissed the Plaintiff’s claim, but the Court of Appeal partially allowed the appeal, holding that the Plaintiff’s contractual claim was not barred by limitation and confirming the existence of a binding agreement. The Defendant was found liable for breach of contract, while the tort claims in nuisance and trespass were dismissed. The present proceedings were therefore confined solely to quantifying damages for breach of contract under section 74 of the Contracts Act 1950. The Court assessed the reasonable rehabilitation cost of the Subject Lands at RM234,034,231.00, with the Defendant liable for 50% thereof. Judgment was entered for the Plaintiff in the sum of RM117,017,116.00, together with interest and costs of RM50,000.00 to the Plaintiff.

Judges (1)

Anita binti Harun Delivered

Counsel (7)

Harold & Lam Partnership Firm Khairul Fadzli Amin & Co. Firm Atiqah binti Azman Counsel Defendant Guok Ngek Seong Counsel Plaintiff Harold Tan Kok Leng Counsel Plaintiff Liu Poh Yeng Counsel Plaintiff Muhd Fadzli Amin bin Muhd Yusoff Counsel Defendant

Parties (2)

MAJLIS PERBANDARAN KLANG Defendant NBC LAND Sdn Bhd Plaintiff

Statutes Cited

Contracts Act 1950

s 74

Limitation Act 1953 (Cap 254)

Rules of Court 2012

Judgment

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Read on eJudgment

Source: eJudgment (ba-21ncvc-40-06-2017)