HOSNA REALTY SDN. BHD. v ADAP 4ORTY GLOBAL SDN. BHD.

ka-22ncvc-24-03-2021 High Court (Mahkamah Tinggi) 6 May 2025 • KA-22NCvC-24-03/2021 • 12 min read
4 cases cited (0 SG, 4 foreign)

Catchwords

The disputes concern a quarry extraction arrangement executed by the parties under a written Contract for Extraction relating to quarry land. The Plaintiff contends that the Defendant had breached its obligations under the said contract by failing to commence and perform extraction work, and seeks damages for loss of profit and termination of the agreement. The Defendant, in turn, alleges that the contract was illegal or void for want of proper licences and has counterclaimed for restitution and damages. The key issues requiring determination - whether the Contract for Extraction was illegal or void for lack of requisite quarry or explosives licences - whether the contract was frustrated and thereby discharged under Section 57(2) of the Contracts Act 1950 - whether either party is entitled to relief or damages for breach. Court finds that the contract was rendered incapable of lawful performance due to frustration, and that both parties are accordingly discharged from further obligations under it. The Plaintiff’s claim and the Defendant’s counterclaim are therefore dismissed.

Judges (1)

Mahazan binti Mat Taib Delivered

Counsel (6)

Azhar Shah & Co Firm Jin - Nge & Co Firm Marleyana Yahya Counsel Plaintiff Mohamed Azhar Shah Zainal Arif Counsel Defendant Shahrul Shabbath Ali Counsel Defendant Tunku Mohamad Zulkifli Osman Counsel Plaintiff

Parties (2)

ADAP 4ORTY GLOBAL Sdn Bhd Defendant HOSNA REALTY Sdn Bhd Plaintiff

Case Significance

HOSNA REALTY SDN. BHD. v ADAP 4ORTY GLOBAL SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated May 6, 2025 (citation: ka-22ncvc-24-03-2021). The case was decided by Mahazan binti Mat Taib.

What was the outcome of HOSNA REALTY SDN. BHD. v ADAP 4ORTY GLOBAL SDN. BHD.?

HOSNA REALTY SDN. BHD. v ADAP 4ORTY GLOBAL SDN. BHD. is a High Court decision dated May 6, 2025. The case was heard by Mahazan binti Mat Taib. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)
s 57(2)

Cases Cited (4)

UK (2)
[1956] AC 696 [1982] AC 724
MY (2)
[1995] 3 MLJ 189 [2010] 1 MLJ 564

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ka-22ncvc-24-03-2021)