Portland Oasis Sdn Bhd v Universiti Malaysia Pahang (UMP)
Catchwords
Contract — Tenancy — Tenancy agreement and supplementary agreement — Option to renew — Whether binding underlying agreement for extension — No intention to create legal relations — No legitimate expectation established Estoppel — Representation — Reliance and detriment — Threshold not met — Boustead Trading applied Civil law — Holding over — s. 28(4) Civil Law Act 1956 — Tenant remaining in possession after expiry — Landlord’s option to claim double rent — Conditions for exercise of statutory right — Rent — Continued occupation without payment — Liability for mesne profits/rent — Double rent refused — Court awarding equivalent of single rent having regard to surrounding circumstances including Movement Control Order and failure to exercise option — Breach — Obligation to restore premises — Failure to reinstate to original condition — Liability established Evidence — Failure to call relevant witnesses — affecting defendant's chance to establish credible defense — Plaintiff’s evidence preferred Remedies — Damages — Cost of reinstatement based on expert evidence — Outstanding utilities — Interest allowed only for restoration/renovation sum — Counterclaim — Security deposit — Refund allowed
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ca-22ncvc-29-09-2020)