AC FIRST GENESIS BERHAD v NEXT SHOP SDN BHD

ka-22ncvc-51-11-2023 High Court (Mahkamah Tinggi) 28 March 2026 • KA-22NCvC-51-11/2023 • 36 min read

4 cases cited (0 SG, 4 foreign)

Catchwords

CONTRACT — Tenancy agreement — Breach of contract — Claim for rental arrears, utilities, and administrative charges — Alleged oral promise by landlord to waive rent during Movement Control Order (MCO) — Parties subsequently executed written Rental Settlement Plan omitting rental waiver clause — Parol evidence rule — Whether defendant barred from introducing oral evidence to contradict or vary written settlement agreement — Evidence Act 1950, s. 92. CONTRACT — Frustration — Force majeure — COVID-19 pandemic — Whether restrictions under Movement Control Order (MCO) and financial hardship amounted to frustration or act of God — Statutory protection under Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020, s. 7 — Burden of proof to show strict inability to perform obligations due to statutory measures — Whether commercial inability or lack of funds constitutes legal impossibility. CONTRACT — Assignment — Chose in action — Locus standi of assignee to sue — Tenancy agreement expressly permitted landlord to assign rights without tenant's restriction — Written notice of assignment issued to tenant — Whether absolute assignment valid without debtor's consent — Civil Law Act 1956, s. 4(3). LANDLORD AND TENANT — Determination of tenancy — Vacant possession — Tenant’s obligation to reinstate demised premises to "Original Condition" — Tenant vacated premises without carrying out reinstatement works — Whether mere physical departure without reinstatement amounts to valid delivery of vacant possession — Holding over — Landlord's entitlement to claim double rent — Civil Law Act 1956, s. 28(4)(a). CONTRACT — Formation — Letter of Offer — Renewal of tenancy — Tenant signed Letter of Offer but subsequently aborted execution of formal Tenancy Agreement — Whether Letter of Offer constituted a binding and concluded contract — Acceptance by conduct — Repudiation — Landlord's entitlement to claim liquidated agreed damages for the unexpired term. EVIDENCE — Adverse inference — Failure to call witness — Defendant alleged oral promise made by plaintiff's representative — Plaintiff did not call said representative to testify — Whether adverse inference should be drawn against plaintiff — Whether burden of proof lay on the asserting party — Evidence Act 1950, s. 114(g) & ss. 101, 102.

Practice Areas

CONTRACT

Judges (1)

John Lee Kien How @ Mohammad Johan Lee Delivered

Counsel (5)

C. P. Ang & Co Firm Teh Law Chambers Firm Ang Khoon Cheong Counsel Defendant Hanis Nabila Binti Rosli Counsel Defendant Teh Ee Teng Counsel Plaintiff

Parties (2)

AC FIRST GENESIS BERHAD Plaintiff NEXT SHOP Sdn Bhd Defendant

Statutes Cited

Civil Law Act 1956

s 28 s 4(3)

Contracts Act 1950 (Cap 136)

s 74 s 75

Evidence Act 1950 (Cap 56)

s 114(g)

Cases Cited (4)

MY (4)

[1996] 1 MLJ 365 [2005] 1 MLJ 311 [2020] 6 MLJ 703 [2022] 4 MLRH 406

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ka-22ncvc-51-11-2023)