MIDAS DE SDN BHD v RUBICON EQUITIES SDN BHD
Catchwords
This case illustrates the importance of statutory safeguards governing building safety. The CCC regime is not a mere administrative formality; it is a public safety mechanism. Parties cannot contract out of statutory prohibitions, nor can commercial convenience override legislative intent. Where Parliament has spoken in clear terms, the courts must give effect to that command. For the reasons above, I allow the appeal. The orders of the Sessions Court dated 10.12.2025 are set aside. Judgment is entered for the Appellant as follows: (a) The Tenancy Agreement dated 26.6.2020 is declared void under s.24(a) Contracts Act 1950; (b) The Respondent shall refund to the Appellant the sum of RM265,181.14 (RM233,181.14 + RM32,000.00); (c) Interest at 5% per annum from 30.1.2023 until full settlement. (d) The Respondent’s counterclaim is dismissed with costs RM6,000.00. (e) Costs of this appeal RM8,000.00 and below are awarded to the Appellant.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (wa-12bncvc-154-12-2025)